THE LEGAL WRITING
CORNER
Making a Point with Punctuation – Part II
By Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja
In our last column , we paid tribute to two of the most misused punctuation marks — the comma and the apostrophe . In this issue , we dare you to be dashing by focusing on one of the most underused punctuation marks — the dash . “ Among punctuation marks , dashes have a certain panache . They take the reader aside , and then draw that reader to the next bit like a good dance partner in a lead .” 1
There are three types of dashes : the hyphen , the en dash , and the em dash . Among them , the hyphen is second only to the comma for the most troublesome punctuation mark . 2 The en dash is the least beloved while the em dash is the most underused . Let ’ s look at each of them closely .
The hyphen ( - )
The hyphen — the shortest of dashes — is typically used to link elements in compound terms . Compound terms include two words held together by a hyphen to form a single term that can be either a noun , a verb , or an adjective . Here are some examples :
Nouns : editor-in-chief , mother-in-law , merry-go-round Verbs : double-check , color-code , rubber-stamp
Want to know whether to hyphenate a compound noun or a verb ? The rule is simple — look it up in a dictionary . 3 Where legal writers tend to confuse and misuse the hyphen is with compound adjectives , also known as compound modifiers . A dictionary will rarely help with those , but here is the basic rule : when a compound modifier directly precedes a noun or a pronoun , it usually has a hyphen . 4
Ex : a third-year associate , a long-term relationship , well-settled area of law
We say usually because it all comes down to the need for clarity . If the meaning is obvious , a hyphen is not required . For example , a family law attorney is just fine as it is . That said , it ’ s never wrong to hyphenate a compound modifier . . . unless the modifier begins with an adverb ( typically , a word ending with -ly ). In that case , no need to hyphenate .
Ex : a poorly prepared brief , potentially competing demands , critically important clause
The en dash ( – )
The en dash is longer than the hyphen but half the length of an em dash . What role does the en dash play in legal writing ? A minor one . The en dash typically sits between dates , numbers , and the like to show a range .
Ex : The courthouse is open 8:00 a . m . – 5:00 p . m . on weekdays . Ex : She practiced law for three years : 2015 – 2018 . Ex : Paralegals earn $ 45,000 – $ 60,000 per year .
Is a hyphen “ too short to do the job ”? 5 Place an en dash instead .
The em dash ( — )
And now to the em dash — the most versatile of all the dashes . The em dash can replace commas , parentheses , and colons . Also known as the “ long dash ,” it gets its name from typography . As wide as the font is tall , the em dash is about the width of the letter M .
While often underused in legal writing , 6 the em dash can be a powerful persuasion tool — a tool that should not be underestimated . Just look at any of our nation ’ s top advocates and judges , and you are sure to find it in their writing . So , when should you use em dashes in legal writing ? As one author put it , “ The dash is built to interrupt . It can strike with no warning , cut you off , stop conversation in its track , and redirect content any way it pleases .” 7
How does the em dash accomplish these mighty tasks ? It can do it on its own — at the beginning or end of the sentence . Or it can do it in pairs — in midsentence — to elaborate on or emphasize a point .
Use an em dash at the beginning or end to expand on another part of the sentence or to highlight a trailing thought . In this construction , the dash serves as the more emphatic version of the colon ( at the beginning ) or parentheses ( at the end ). Here is how it works at the beginning :
Speech — that ’ s what is at stake here .
And here is how it plays out at the end . The examples come from the dueling sides in United States v . Stevens8 — a case involving depictions of animal cruelty and the First Amendment .
Jennifer Cook , Denitsa Mavrova Heinrich , and Jenny Samarzja are faculty members in the Lawyering Skills Program at the University of North Dakota School of Law .
32 THE GAVEL