THE LEGAL WRITING
CORNER
A LEGAL WRITING RESOLUTION FOR THE NEW YEAR:
DO THE WORK FOR YOUR READER WITH BRIDGING LANGUAGE
By Jennifer Cook and Denitsa Mavrova Heinrich
A new year brings a new semester. It also brings a transition for our first-year law students— a transition from writing objectively to writing persuasively. The success of that transition depends not only on mastering persuasive techniques, but also on guiding the reader through increasingly complex legal analysis. A writer can effectively guide a reader by using clear, purposeful transitions— what we call bridging language— to connect ideas. These transitions do the work for the reader by showing how each step of the legal analysis fits together. This article offers concrete strategies for writing readerfriendly transitions.
BRIDGE WITH REPETITION
To write reader-friendly transitions with bridging language, simply repeat words or phrases from earlier in the document. For instance, this paragraph’ s first sentence refers back to the last sentence of the previous paragraph, where the phrase“ reader-friendly transitions” appeared initially. The repeated words form a bridge connecting the two parts of the article. Another effective bridging language technique connects two concepts in consecutive sentences through repetition. The following two examples contain effective bridging. Note that the first example repeats just a word, while the second repeats a word and a phrase. The italicized words identify the bridges.
Example 1: The first rule for determining who is an active participant considers whether the employee used language capable of inciting a physical response. This language requirement demands more than just a heated exchange of words. 1
Example 2: The first rule for determining the active participant considers whether the employee used language capable of inciting a physical response. Language that could incite a physical response must be more than just a heated exchange of words. 2
In these two examples, the bridging language clearly shows a reader how one legal rule relates to another. Here’ s another example of repetition that employs the technique of flipping the order of the repeated language from the end of the first sentence to the beginning of the second sentence.
Jennifer Cook and Denitsa Mavrova Heinrich are faculty members at the University of North Dakota School of Law.
Example 3: A court determines whether a person’ s liberty is restrained by asking whether the individual believes that her liberty has been restrained and whether that belief is objectively reasonable. Whether the person’ s belief is objectively reasonable depends on the totality of the circumstances. 3
These examples do not require a reader to guess how the legal rules are connected. Instead, the sentences allow the reader to seamlessly transition from one idea to another— doing the work for the reader. On the other hand, sentences without bridging language, require the reader to pause and perhaps guess the connection— the reader does some of the work. Writers should strive to do the work for the reader to maximize the persuasive force of their argument. The next example is an example of what not to do. It contains a rule explanation with unconnected rules that require the reader to work unnecessarily.
Example 4: A court determines whether a person’ s liberty is restrained by asking whether the individual believes that her liberty has been restrained and whether that belief is objectively reasonable. Courts look at the totality of the circumstances. 4
Repetition is not the only useful bridging technique. Other techniques include bridging with orientation words and numbers. 5
BRIDGE WITH NUMBERS
Number bridging clearly indicates to a reader how many elements comprise a legal claim. 6 For example, if a legal claim has three elements, helpful bridges are:“ First,...”,“ Second,...,” and“ Third,...” 7 These same bridges can easily lead a reader through an argument’ s roadmap section. 8 When discussing summary judgment, for instance, the writer may want to tell their reader the brief’ s argument will analyze three points: first, which facts are material; second, whether a genuine dispute exists; and third, whether the client is entitled to judgment as a matter of law. 9
BRIDGE WITH ORIENTATION WORDS
“ Orientation words tell us where we are among the islands of ideas in a single paragraph.” 10 Some orientation words continue an argument, others transition the reader to a counterargument, and some signal an argument’ s conclusion. 11 Here’ s a list of orientation words and their purposes:
Continuing the Argument Additionally; Also; Moreover; Further; Likewise; Similarly
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