Strategic Legal Persuasion: Strategic Legal Persuasion: Writing to WinWriting to Win

(Part 3)(Part 3)

Michelle J. Ouellette, Q.C.Michelle J. Ouellette, Q.C.

““You will have written exceptionally well if, by skillful arrangement of You will have written exceptionally well if, by skillful arrangement of your words, you have made an ordinary one seem original”your words, you have made an ordinary one seem original”

- Horace, 65-8 BC- Horace, 65-8 BC

““What is written without effort is in general read without pleasure.”What is written without effort is in general read without pleasure.”- Samuel Johnson, 1709-1784- Samuel Johnson, 1709-1784

““The difference between the right word and the almost right word is the The difference between the right word and the almost right word is the difference between lightning and a lightning bug.”difference between lightning and a lightning bug.”

- Mark Twain, 1835-1910- Mark Twain, 1835-1910

““He who wants to persuade should put his trust not in the right He who wants to persuade should put his trust not in the right argument but in the right words.”argument but in the right words.”

- Joseph Conrad, 1857-1924- Joseph Conrad, 1857-1924

““Often Thought, Often Thought, but Never so Well Expressed”but Never so Well Expressed”

Principles of Legal WritingPrinciples of Legal Writing(According to D. Robert White, The Official Lawyer’s Handbook, Simon (According to D. Robert White, The Official Lawyer’s Handbook, Simon

& Schuster, 1983)& Schuster, 1983)

Never use one word where ten Never use one word where ten will dowill do

Never use a small word where Never use a small word where a big one will do sufficea big one will do suffice

Never use a simple statement Never use a simple statement where one of substantially where one of substantially greater complexity will achieve greater complexity will achieve comparable goalscomparable goals

Never use English where Never use English where Latin, Latin, mutatis mutandis, mutatis mutandis, will dowill do

Qualify virtually everythingQualify virtually everything Do not be embarrassed about Do not be embarrassed about

repeating yourself. Do not be repeating yourself. Do not be embarrassed about repeating embarrassed about repeating yourself.yourself.

Worry about the difference Worry about the difference between “which” and “that”[!]between “which” and “that”[!]

In pleadings and briefs, that In pleadings and briefs, that which is defensible should be which is defensible should be stated. That which is stated. That which is indefensible, but which you indefensible, but which you wish were true, should merely wish were true, should merely be suggestedbe suggested

Never refer to your opponent’s Never refer to your opponent’s “arguments”; he only makes “arguments”; he only makes “assertions”, and his “assertions”, and his assertions are always “bald”assertions are always “bald”

If a lay person can read a If a lay person can read a document from beginning to document from beginning to end without falling asleep, it end without falling asleep, it needs work needs work

No person shall prune, cut, carry away, pull up, No person shall prune, cut, carry away, pull up, dig, fell, bore, chop, saw, chip, pick, move, dig, fell, bore, chop, saw, chip, pick, move, sever, climb, molest, take, break, deface, sever, climb, molest, take, break, deface, destroy, set fire to, burn, scorch, carve, paint, destroy, set fire to, burn, scorch, carve, paint, mark, or in any manner interfere with, tamper, mark, or in any manner interfere with, tamper, mutilate, misuse, disturb or damage any tree, mutilate, misuse, disturb or damage any tree, shrub, plant, grass, flower, or part thereof, nor shrub, plant, grass, flower, or part thereof, nor shall any person permit any chemical, whether shall any person permit any chemical, whether solid, fluid, or gaseous, to seep, drip, drain, or solid, fluid, or gaseous, to seep, drip, drain, or be emptied, sprayed, dusted, or injected upon, be emptied, sprayed, dusted, or injected upon, about or into any tree, shrub, plant, grass, about or into any tree, shrub, plant, grass, flower, or part thereof, except when specifically flower, or part thereof, except when specifically authorized by competent authority. authorized by competent authority.

““Archaic Canadian Language”Archaic Canadian Language”

HenceforthHenceforth HeretoforeHeretofore HerewithHerewith WhereasWhereas WhilstWhilst WitnessethWitnesseth AforesaidAforesaid AforementionedAforementioned BeforementionedBeforementioned

HerebyHereby HereinHerein HereinafterHereinafter HerewithHerewith The saidThe said Inter aliaInter alia Ipso factoIpso facto Mutatis mutandisMutatis mutandis Ex post factoEx post facto

Clear Writing…..Clear Writing…..

Is more persuasive Is more persuasive Is compelling reading Is compelling reading Improves the public image of lawyersImproves the public image of lawyersMakes (most) clients happyMakes (most) clients happyDemonstrates professionalism and clear Demonstrates professionalism and clear

thinkingthinkingEnhances credibilityEnhances credibility

Favorite Things Lawyers Do In Favorite Things Lawyers Do In Their Writing:Their Writing:

Make silly spelling mistakes Make silly spelling mistakes Use improper punctuation – or no punctuationUse improper punctuation – or no punctuation Clutter their written material with verbiageClutter their written material with verbiage Write with awkward sentence structures, double Write with awkward sentence structures, double

negatives, inappropriate reflexive pronounsnegatives, inappropriate reflexive pronouns Ramble, repeat and bury issues/essential facts Ramble, repeat and bury issues/essential facts Use bad grammar generallyUse bad grammar generally Use gender-biased languageUse gender-biased language Use “archaic Canadian language”Use “archaic Canadian language”

The effect…?The effect…?

Maybe we’re not interested in what we’re Maybe we’re not interested in what we’re writing about – why should the Court be?writing about – why should the Court be?

Perhaps we’ve not paid attention to the Perhaps we’ve not paid attention to the details – don’t we want the Court to?details – don’t we want the Court to?

Perhaps the whole file is as disorganized Perhaps the whole file is as disorganized as our writing – should the Court have to as our writing – should the Court have to figure it out?figure it out?

Bottom line – we negatively impact our Bottom line – we negatively impact our own credibility….and the client’s positionown credibility….and the client’s position

Favorite VerbiageFavorite Verbiage Think about what the following phrases add to your writing: Think about what the following phrases add to your writing:

Consideration should be given to…Consideration should be given to… It is respectfully submitted that…It is respectfully submitted that… It would appear that…It would appear that… Further to your letter of…Further to your letter of… It is our respectful opinion that…It is our respectful opinion that… With respect to…With respect to… It might be said that…It might be said that… In the event that…In the event that… Until such time as…Until such time as… In the time period…In the time period… Needless to say… Needless to say… The field of…The field of… Due to the fact that…Due to the fact that… At this point in time…At this point in time… It is worth remembering that…It is worth remembering that… It is important to note that…It is important to note that…

Stating the ObviousStating the Obvious

““True” factsTrue” facts ““Patently” obviousPatently” obvious ““Somewhat” hesitantSomewhat” hesitantDoes one:Does one:

““Enter into an agreement” or agree?Enter into an agreement” or agree? ““Give consideration to” or consider?Give consideration to” or consider? ““Complete an application” or apply?Complete an application” or apply? ““Make a recommendation” or recommend?Make a recommendation” or recommend?

Favorite Gender Neutral LanguageFavorite Gender Neutral Language““Dear Sirs and Madams…”Dear Sirs and Madams…”

Commonly Used:Commonly Used: Chairman, ChairwomanChairman, Chairwoman

Salesman, SaleswomanSalesman, Saleswoman WorkmanWorkman PolicemanPoliceman FiremanFireman MailmanMailman MankindMankind The man on the streetThe man on the street ActressActress Testatrix, ExecutrixTestatrix, Executrix

What’s wrong with:What’s wrong with: Chair, Chairperson, Chair, Chairperson,

ModeratorModerator Salesperson, SalesclerkSalesperson, Salesclerk WorkerWorker Police Officer Police Officer Fire FighterFire Fighter Mail Carrier Mail Carrier HumanityHumanity The average personThe average person ActorActor Testator, ExecutorTestator, Executor

Adapted from Peg James and Raquel Goncalves, “Modern Writing for Lawyers”, the Continuing Adapted from Peg James and Raquel Goncalves, “Modern Writing for Lawyers”, the Continuing Legal Education Society of British ColumbiaLegal Education Society of British Columbia

Beware of the Spell-CheckerBeware of the Spell-Checker

English spelling can seam like a maize, English spelling can seam like a maize, and put won strait into a hays, butt now and put won strait into a hays, butt now never fear, the spell-checker is hear, and never fear, the spell-checker is hear, and its sew well-deserving of prays. Butt let its sew well-deserving of prays. Butt let awl pore spellers bee ware of the checker awl pore spellers bee ware of the checker and ewes it with care, lest yore hair bee and ewes it with care, lest yore hair bee turned into a hare.turned into a hare.

- Anonymous- Anonymous

Favorite Ideas to Help with SpellingFavorite Ideas to Help with Spelling

Prefixes do not change the spelling of a word Prefixes do not change the spelling of a word ““un-necessary”, “dis-satisfied”un-necessary”, “dis-satisfied”

Knowing the meaning of the prefix helpsKnowing the meaning of the prefix helps for (not or against) v. fore (before or in front); forbid v. foreseefor (not or against) v. fore (before or in front); forbid v. foresee inter (between) v. intra (within); interstate v. intrastateinter (between) v. intra (within); interstate v. intrastate

Mnemonics, rhymes and rulesMnemonics, rhymes and rules the “i before e” rhyme (don’t forget the “extras”) the “i before e” rhyme (don’t forget the “extras”) the “final consonant” rule (preference v. preferring, inference v. inferred) the “final consonant” rule (preference v. preferring, inference v. inferred)

Emphasis on the last syllable – double the last consonant; otherwise, Emphasis on the last syllable – double the last consonant; otherwise, probably not.probably not.

The “picnic” or hard “c” rule – add a “k” to use an “e”, “i” or “y” suffixThe “picnic” or hard “c” rule – add a “k” to use an “e”, “i” or “y” suffix Think about the root of the word and its meaningThink about the root of the word and its meaning

Log – “word, speak” – Logic, EulogyLog – “word, speak” – Logic, Eulogy String or Strict – “bind, draw tight” – stringent, strictureString or Strict – “bind, draw tight” – stringent, stricture

Favorite Confused WordsFavorite Confused Words Jibe/Jive – to correspond or agree/a danceJibe/Jive – to correspond or agree/a dance Compliment/Complement – expression of praise/that Compliment/Complement – expression of praise/that

which completeswhich completes Affect/Effect – to influence (as in feelings)/to bring Affect/Effect – to influence (as in feelings)/to bring

about (v.) or the result (n.)about (v.) or the result (n.) Ingenious/Ingenuous – crafty/naiveIngenious/Ingenuous – crafty/naive Allude/Elude – to refer to something indirectly/to Allude/Elude – to refer to something indirectly/to

escape or avoidescape or avoid Aural/Oral – pertaining to the ear/spokenAural/Oral – pertaining to the ear/spoken Emigrate/Immigrate – leave one country/settle in Emigrate/Immigrate – leave one country/settle in

anotheranother Biannually/Biennially – twice a year/every two yearsBiannually/Biennially – twice a year/every two years Eminent/Imminent – distinguished/impendingEminent/Imminent – distinguished/impending Averse/Adverse –in opposition/unfavorableAverse/Adverse –in opposition/unfavorable

Confused words (continued)Confused words (continued) Farther/Further – at a greater distance/to a greater extentFarther/Further – at a greater distance/to a greater extent Amoral/Immoral – outside morality/offside of moralityAmoral/Immoral – outside morality/offside of morality Accept/Except – to receive/to excludeAccept/Except – to receive/to exclude Incredulous/Incredible – skeptical/not believableIncredulous/Incredible – skeptical/not believable Eulogy/Elegy – statement of praise/song mourningEulogy/Elegy – statement of praise/song mourning Flaunt/Flout –to show off/ to go againstFlaunt/Flout –to show off/ to go against Uninterested/Disinterested – bored/impartialUninterested/Disinterested – bored/impartial Principal/Principle – first in rank/law, code or basis for Principal/Principle – first in rank/law, code or basis for

positionposition Tack/Tact – a course or direction/intuitive perceptionTack/Tact – a course or direction/intuitive perception Tortious/Tortuous/Torturous – wrongful/twisted or Tortious/Tortuous/Torturous – wrongful/twisted or

complicated/full of paincomplicated/full of pain

Good Use of Punctuation Can…Good Use of Punctuation Can…

Link or separate ideasLink or separate ideasMake a statement in and of itselfMake a statement in and of itselfDevelop the rhythm of your paragraph or Develop the rhythm of your paragraph or

sentencesentenceProvide emphasisProvide emphasisLead the reader where you want him or Lead the reader where you want him or

her to goher to go

Favorite Example of the Effect of Favorite Example of the Effect of PunctuationPunctuation

Dear Jack,Dear Jack,

I want a man who knows what love is all about. I want a man who knows what love is all about. You are generous, kind, thoughtful. People who You are generous, kind, thoughtful. People who are not like you admit to being useless and are not like you admit to being useless and inferior. You have ruined me for other men. I inferior. You have ruined me for other men. I yearn for you. I have no feelings whatsoever yearn for you. I have no feelings whatsoever when we are apart. I can be forever happy – will when we are apart. I can be forever happy – will you let me be yours?you let me be yours?

Jill Jill

Dear Jack,Dear Jack,

I want a man who knows what love is. All about I want a man who knows what love is. All about you are generous, kind, thoughtful people, who you are generous, kind, thoughtful people, who are not like you. Admit to being useless and are not like you. Admit to being useless and inferior. You have ruined me. For other men I inferior. You have ruined me. For other men I yearn! For you I have no feelings whatsoever. yearn! For you I have no feelings whatsoever. When we are apart I can be forever happy. Will When we are apart I can be forever happy. Will you let me be?you let me be?

Yours,Yours,JillJill

Taken from: Truss, Lynne “Eats, Shoots & Leaves: The Zero Tolerance Approach to Punctuation” Gotham Taken from: Truss, Lynne “Eats, Shoots & Leaves: The Zero Tolerance Approach to Punctuation” Gotham Books, 2003Books, 2003

Favorite Misused Punctuation Favorite Misused Punctuation Marks – ApostropheMarks – Apostrophe

Two main functions: contraction and possession.Two main functions: contraction and possession. Contractions are straightforward and don’t usually cause problems Contractions are straightforward and don’t usually cause problems

but watch for but watch for they arethey are – they’re v. there or their. – they’re v. there or their. Possession is more complicated.Possession is more complicated. Nouns not ending in Nouns not ending in ss, add , add ’s’s to the end (brother’s keeper). to the end (brother’s keeper). Nouns ending in Nouns ending in ss, when a new syllable is created, add , when a new syllable is created, add ’s’s (boss’s (boss’s

agenda, bus’s schedule, judge’s ruling.agenda, bus’s schedule, judge’s ruling. Nouns ending in Nouns ending in ss where the possessive does not add a new where the possessive does not add a new

syllable, add only an apostrophe to the end (lawyers’ fees)syllable, add only an apostrophe to the end (lawyers’ fees) Words with sibilant endings, add only the apostrophe where Words with sibilant endings, add only the apostrophe where ’s’s

would be awkward (conscience’ sake, Jesus’ name v. suitcase’s)would be awkward (conscience’ sake, Jesus’ name v. suitcase’s) Possessive pronouns take Possessive pronouns take nono apostrophe ( hers, his, ours, theirs, apostrophe ( hers, his, ours, theirs,

yours and its)yours and its) Before writing Before writing it’sit’s, ask yourself if you mean to say , ask yourself if you mean to say it isit is (same with (same with

you’re)you’re) The apostrophe is The apostrophe is nevernever used to form a plural (with one tiny used to form a plural (with one tiny

exception – “p’s and q’s” “do’s and don’ts”) exception – “p’s and q’s” “do’s and don’ts”)

Favorite Misused Punctuation Favorite Misused Punctuation Marks – CommaMarks – Comma

Lawyers tend to use either too many commas or not Lawyers tend to use either too many commas or not enoughenough

Most common uses for commas:Most common uses for commas: For lists – if it can be replaced by the word For lists – if it can be replaced by the word andand or or oror Joining two sentences using a conjunction (but not with Joining two sentences using a conjunction (but not with

nevertheless, however and therefore) – She tried her best to nevertheless, however and therefore) – She tried her best to stop, but the road was icy and the two cars collidedstop, but the road was icy and the two cars collided

Commas in pairs mark both sides of an interruption to a Commas in pairs mark both sides of an interruption to a sentence or a piece of additional informationsentence or a piece of additional information

Defining clauses do not need paired commas. (The children Defining clauses do not need paired commas. (The children who had been vaccinated were healthier than those who had who had been vaccinated were healthier than those who had not. Compare: Sandra, who had never been ill, was vaccinated not. Compare: Sandra, who had never been ill, was vaccinated against her mother’s wishes. )against her mother’s wishes. )

Be alert to potential ambiguity:Be alert to potential ambiguity: Don’t guess, use a timer or a watch v. Don’t guess; use a timer or Don’t guess, use a timer or a watch v. Don’t guess; use a timer or

watch watch

Graham Greene’s Last CommaGraham Greene’s Last Comma

““I, Graham Greene, grant permission to I, Graham Greene, grant permission to Norman Sherry, my authorized biographer, Norman Sherry, my authorized biographer, excluding any other, to quote from my excluding any other, to quote from my copyright material published or copyright material published or unpublished.”unpublished.”

,,,,

Favorite Misused Punctuation Favorite Misused Punctuation Marks – ColonMarks – Colon

Colons introduce a second component of Colons introduce a second component of a sentence that exemplifies, restates, a sentence that exemplifies, restates, elaborates, undermines, explains or elaborates, undermines, explains or balances the first part. (This much is clear, balances the first part. (This much is clear, Watson: it was the baying of an enormous Watson: it was the baying of an enormous hound.)hound.)

Colons also introduce lists, subtitles, Colons also introduce lists, subtitles, dialogue and long quotations. dialogue and long quotations.

Favorite Misused Punctuation Favorite Misused Punctuation Marks – Semi-ColonMarks – Semi-Colon

Joins two related sentences with no Joins two related sentences with no conjunctionconjunction

A period is always an alternativeA period is always an alternative ““Linking” words - however, nevertheless, Linking” words - however, nevertheless,

consequently and hence - require a semi-consequently and hence - require a semi-coloncolon

Favorite Grammatical ChallengesFavorite Grammatical ChallengesPesky PronounsPesky Pronouns

I or me – Mom was wrong about using “me”I or me – Mom was wrong about using “me” George and I/me drafted the brief.George and I/me drafted the brief. Sam gave the brief to George and I/me.Sam gave the brief to George and I/me. Sam worked with George and I/me for years.Sam worked with George and I/me for years.What happens when you remove the other person?What happens when you remove the other person?

Who or Whom – If it sounds silly, it likely isWho or Whom – If it sounds silly, it likely is That’s the man who/whom the police chased.That’s the man who/whom the police chased. The people who/whom did this must be held The people who/whom did this must be held

responsible. responsible. To who/whom will you issue the Subpoena?To who/whom will you issue the Subpoena?Restate using the “m” test: he/him or they/themRestate using the “m” test: he/him or they/them (The (The

police chased “him” – so “whom” works)police chased “him” – so “whom” works)

Favorite Grammatical ChallengesFavorite Grammatical ChallengesRelative PronounsRelative Pronouns

Which or ThatWhich or That The car, which/that had a fresh paint job, was covered The car, which/that had a fresh paint job, was covered

in mud.in mud. The car which/that was involved in the accident was The car which/that was involved in the accident was

wrecked.wrecked.

Use “which” in a non-restrictive (non-essential or Use “which” in a non-restrictive (non-essential or expendable) clause; set off with commas. Use “that” expendable) clause; set off with commas. Use “that” in a restrictive (essential or non-expendable) clause; in a restrictive (essential or non-expendable) clause; do not set off with commas.do not set off with commas.

Note: “Which” never refers to people – use who or Note: “Which” never refers to people – use who or whom.whom.

Favorite Grammatical ChallengesFavorite Grammatical ChallengesIntensive/Reflexive PronounsIntensive/Reflexive Pronouns

Intensive pronouns add emphasis: He himself Intensive pronouns add emphasis: He himself took the blame.took the blame.

Reflexive pronouns reflect the action of the verb Reflexive pronouns reflect the action of the verb onto the subject: He shot himself in the leg. He onto the subject: He shot himself in the leg. He reminded himself about the appointment. reminded himself about the appointment. NOTNOT:: Thank you for allowing my colleague and myself to Thank you for allowing my colleague and myself to

speak to this matter. (speak to this matter. (My colleague and meMy colleague and me)) Only my husband and myself will be attending your Only my husband and myself will be attending your

party. (party. (My husband and IMy husband and I)) Your wife and yourself are both invited. (Your wife and yourself are both invited. (Your wife Your wife

and youand you))

Favorite Grammatical ChallengesFavorite Grammatical ChallengesDisagreeable VerbsDisagreeable Verbs

Verbs with compound subjects – verb agrees with Verbs with compound subjects – verb agrees with subject:subject: Either the three witnesses or the Plaintiff is/are mistaken. Either the three witnesses or the Plaintiff is/are mistaken.

(Plaintiff – singular - closest to the verb - “is” works.)(Plaintiff – singular - closest to the verb - “is” works.) Neither the physician nor the nurse was/were aware of the Neither the physician nor the nurse was/were aware of the

emergency. emergency. (Both are singular - “was” works.)(Both are singular - “was” works.) The Council members and the Mayor has/have been working The Council members and the Mayor has/have been working

long hours. long hours. (Both are plural - “have” works.)(Both are plural - “have” works.) Either the Mayor or the Council members has/have been Either the Mayor or the Council members has/have been

working long hours. working long hours. (Members – plural - closest to the verb – (Members – plural - closest to the verb – “have” works.)“have” works.)

Neither the Defendant’s well-written brief nor the limitation period Neither the Defendant’s well-written brief nor the limitation period hanging over our heads has/have deterred us. hanging over our heads has/have deterred us. (Both singular – (Both singular – “has” works.)“has” works.)

Every morning at 8, either the twins or the toddler with multiple Every morning at 8, either the twins or the toddler with multiple medical problems need/needs some attention. medical problems need/needs some attention. (Toddler – (Toddler – singular – closest to the verb – “needs” works.)singular – closest to the verb – “needs” works.)

Favorite Grammatical ChallengesFavorite Grammatical ChallengesAgreement with PronounsAgreement with Pronouns

Certain pronouns are always singularCertain pronouns are always singular One, no one, anyone, everyone, someone, anybody, One, no one, anyone, everyone, someone, anybody,

somebody, nobody, everybody, each, either and somebody, nobody, everybody, each, either and neitherneither

Each of the witnesses Each of the witnesses isis/are going to testify. /are going to testify.

His, her and it are correct pronoun choices for His, her and it are correct pronoun choices for use with “everyone” or “anyone”.use with “everyone” or “anyone”. Every Defendant was advised to contact their/Every Defendant was advised to contact their/hishis or or

herher lawyer. (Or, lawyer. (Or, “Defendants were advised to contact “Defendants were advised to contact their lawyers.”their lawyers.”))

Anyone with sense knows not to leave their/Anyone with sense knows not to leave their/his or herhis or her house unlocked. (Or, house unlocked. (Or, sensible people knowsensible people know…)…)

Other FavoritesOther Favorites ““Is where” Is where”

Hearsay “is where” the witness gives an out of court statement Hearsay “is where” the witness gives an out of court statement from someone not present. A lawsuit “is where” someone sues from someone not present. A lawsuit “is where” someone sues another individualanother individual

““Per”Per” We are forwarding a copy of the contract, as per your request.We are forwarding a copy of the contract, as per your request.

Singular problemsSingular problems Media/MediumMedia/Medium Data/DatumData/Datum Criteria/Criterion Criteria/Criterion Phenomena/Phenomenon Phenomena/Phenomenon Memoranda/MemorandumMemoranda/Memorandum

Favorite made-up word & phraseFavorite made-up word & phrase ““Irregardless”Irregardless” ““In regards to…”In regards to…”

Do’sDo’s Analyze your writing retrospectivelyAnalyze your writing retrospectively

How has it changed over time?How has it changed over time? What particular strengths and, more What particular strengths and, more

importantly, weaknesses do you see importantly, weaknesses do you see that emerge frequently in your writingthat emerge frequently in your writing

Work strategically on those Work strategically on those weaknessesweaknesses

Write in stagesWrite in stages Create an outline and return to it Create an outline and return to it

frequentlyfrequently Sit down and spew out a first draft, just Sit down and spew out a first draft, just

to get something on paper to work withto get something on paper to work with Don’t worry about the rulesDon’t worry about the rules Don’t stop to look up details or make Don’t stop to look up details or make

sure your facts are accurate or a word sure your facts are accurate or a word is spelled correctly – come back to it is spelled correctly – come back to it laterlater

Revise in stagesRevise in stages Content, organization, individual Content, organization, individual

components, design, and mechanics components, design, and mechanics (grammar, punctuation, spelling)(grammar, punctuation, spelling)

Be brutalBe brutal If a word or phrase is just “extra”, if it If a word or phrase is just “extra”, if it

isn’t clear, if it doesn't isn’t clear, if it doesn't contributecontribute, take it , take it out out

Strive for reader-oriented writingStrive for reader-oriented writing Trial Courts will look for different things Trial Courts will look for different things

than Appellate Courts – are the issues than Appellate Courts – are the issues clear?clear?

Other lawyers have their own clients to Other lawyers have their own clients to account to account to

Your clients need meaningful advice Your clients need meaningful advice and informationand information

ReadRead You will learn from both legal and non-You will learn from both legal and non-

legal writing; just recognize the legal writing; just recognize the different purposes of eachdifferent purposes of each

Reading improves your vocabulary and Reading improves your vocabulary and your writingyour writing

Read your own writing out loud; you Read your own writing out loud; you will often pick up different habits or will often pick up different habits or mistakes than you will by reading mistakes than you will by reading silentlysilently

Have a respected colleague read your Have a respected colleague read your work when you think it is close to work when you think it is close to finishedfinished

Get a good dictionary, thesaurus, Get a good dictionary, thesaurus, grammar and punctuation guidegrammar and punctuation guide

Keep them by your desk, and use themKeep them by your desk, and use them Turn off your spell checker at timesTurn off your spell checker at times

Don’tsDon’ts Don’t over explain or overstate in an Don’t over explain or overstate in an

attempt to make sure the court “gets it”attempt to make sure the court “gets it” If your facts are fairly stated, your If your facts are fairly stated, your

language is clear and your argument language is clear and your argument logical, the court will get it (although it logical, the court will get it (although it may not agree with you) may not agree with you)

Don’t get too comfortable with one Don’t get too comfortable with one form of organization in your writingform of organization in your writing

Different stories read better using Different stories read better using different patterns of organizationdifferent patterns of organization

Use examples for illustration, use Use examples for illustration, use chronological or spatial descriptions, chronological or spatial descriptions, compare and contrast scenarios, use compare and contrast scenarios, use analogy, similes, metaphors analogy, similes, metaphors

The big picture is important but don’t The big picture is important but don’t forget the detailsforget the details

Chosen for impact, organized clearly Chosen for impact, organized clearly and presented in a readable style, they and presented in a readable style, they enhance the persuasive value of your enhance the persuasive value of your writingwriting

Readers want to know the details as Readers want to know the details as long as they are not tediouslong as they are not tedious

Don’t get caught up in trying to fill up Don’t get caught up in trying to fill up your page limit with wordsyour page limit with words

Getting as much content as possible Getting as much content as possible down on paper isn’t likely to helpdown on paper isn’t likely to help

The look “or design” of the document is The look “or design” of the document is important for readability important for readability

Font, spacing, case, line length and Font, spacing, case, line length and justification, headings, white space and justification, headings, white space and highlighting are all aides to easy highlighting are all aides to easy readingreading

Don’t fall back automatically on familiar Don’t fall back automatically on familiar old language habitsold language habits

Get rid of verbiageGet rid of verbiage Use direct languageUse direct language Use active voice most of the timeUse active voice most of the time Keep your sentences reasonably short, Keep your sentences reasonably short,

but vary the length to avoid sounding but vary the length to avoid sounding robotic or juvenilerobotic or juvenile

BibliographyBibliography

Batko, Ann Batko, Ann When Bad Grammar Happens to Good PeopleWhen Bad Grammar Happens to Good People (Castle (Castle Books, 2005)Books, 2005)

Hacker, Diana Hacker, Diana A Canadian Writer’s ReferenceA Canadian Writer’s Reference (Nelson Canada, 1989) (Nelson Canada, 1989)James, Peg James, Peg Clear Writing – A Contemporary ApproachClear Writing – A Contemporary Approach (Saskatchewan (Saskatchewan

Legal Education Society, 1998)Legal Education Society, 1998)James, Peg James, Peg Winning Ways – The Art of Persuasive Legal WritingWinning Ways – The Art of Persuasive Legal Writing

(Saskatchewan Legal Education Society, 1999)(Saskatchewan Legal Education Society, 1999)James, Peg & Goncalves, Raquel James, Peg & Goncalves, Raquel Modern Writing for LawyersModern Writing for Lawyers (The (The

Continuing Legal Education Society of British Columbia, 1994)Continuing Legal Education Society of British Columbia, 1994)Truss, Lynne Truss, Lynne Eats, Shoots & Leaves: The Zero Tolerance Approach to Eats, Shoots & Leaves: The Zero Tolerance Approach to

PunctuationPunctuation (Gotham Books, 2003) (Gotham Books, 2003)Vos Savant, Marilyn Vos Savant, Marilyn The Art of Spelling: The Madness and the MethodThe Art of Spelling: The Madness and the Method

(W.W. Norton & Company, 2000)(W.W. Norton & Company, 2000)

Many of the examples in this presentation are borrowed gratefully from Many of the examples in this presentation are borrowed gratefully from the foregoing titles.the foregoing titles.