The remainder of this document consists of three parts. The first section proposes axioms that we all know but tend to forget. The second section deals with legal drafting in general terms. The last section takes us into detail. Use respectful language. Our writing must respect the basic rules of good manners. Good language, sarcastic or offensive remarks have no place in court pleadings. Lawyers were punished for uncivilized writings. Avoid unnecessary repetition. Repetition is one of the most useful tools available to writers. Repetition allows an author or speaker to hammer an idea, image, or relationship to force the reader to pay attention. Sir Winston Churchill said: „If you have an important point to make, don`t try to be subtle or clever.
Use a pile mixer. Hit the spot once. Then come back and knock again. Then you hit him a third time – a huge blow. What should be avoided is unnecessary repetition. Use „consensus“ instead of „consensus opinion“; „panacea“ instead of „panacea for all ills“; „Cancel“ instead of „Undo, cancel and set aside“. Shorten sentences. There are only two remedies for a long sentence: say less and put a period in the middle.17 Short sentences make it easier to read. The mind easily digests the phrases offered in small bites. However, here is a precaution. Don`t bore the reader with a whiff of short sentences.
Vary the length of sentences to make them interesting. The diversity of sentences is the spice of good legal writing. Use parallel formulations for parallel ideas. Parallelism is the combination of words or phrases that are similar in sound („government of the people, by the people and for the people“) or rhythmic accent („Don`t ask what your country can do for you, but ask what you can do for your country“). It is one of the most effective writing tools. Be consistent in the use of words. Elegant writing is demonstrated by good taste and consistency in word choice. Don`t be afraid to repeat a word as many times as possible to avoid vagueness or confusion. Some lawyers are guilty of inelegant variations or use different words to convey the same idea.
The statement „Whoever makes a will must ensure that the will covers all contingencies“ makes the ordinary reader think that a will and a will are not the same thing. Fowler reminds us that once you`ve chosen a word to convey an idea, use the same word for the same idea. Don`t change the guards. Brevity expresses confidence in writing. « The writer does the most that gives his reader the most knowledge and takes the least time. » [9] Brevity is not a matter of brevity; Even long fonts can be short. As much as possible, avoid compound sentences, which are separate sentences connected to form a sentence by connectives such as and, or, but, while and the like. The goal is to make the points you address in one sentence easy to read and understand.
A rule of thumb is to limit the number of words for each sentence to no more than twenty. In general, keep paragraphs short. Follow the same rule when writing paragraphs. A sentence contains a unit of information. A paragraph contains a set of related information. Information about the strings in a paragraph. If you have a new set of information, insert it into a new paragraph. Vary the sentence patterns in paragraphs. As a reminder, do not always start a sentence or the first sentence of the paragraph with „The“. Five of the nine consecutive paragraphs of a short decision in SCRA began with „The“. 1.
The defendant …; (2) Information …; (3) The conclusion of the lower court …; (4) Discrepancies…; and (5) The accused has the right to. Place related information in a command or list style. If you want to present a list of arguments, reasons or information, a good suggestion to help the reader follow and understand you is to put them in order. Examples: (1) The court`s actions violate the plaintiff`s right to due process because: First, ____. Second_____. Third____. (2), first ____. Additional_____. Besides____. Finally____. Avoid clichés as much as possible.
Avoid words, phrases, or phrases that have been used and read so many times that their power or effect has been lost or diminished. Examples: crystal clear; Time is running out; well installed. Use idiomatic expressions. The most common phrases are: (1) Alliteration or use of similar-sounding words („sweet smell of success“). (2) Parables or comparisons („As a pianist practices the piano, so the lawyer must practice the use of words, written and oral.“). (3) Metaphor or indirect comparisons (Judge Abraham Sarmiento: „At the risk of being disrespectful, the reading of the constitutional rights of a poor and illiterate peasant is no different from the reading of the Ten Commandments for a deaf-mute sinner“). (4) The personification or attribution of human qualities to non-human objects (Judge Isagani Cruz: „[Decisions] are the voice of departed judges who speak of the future.“). Use specific words instead of general words. General: „The victim was hit in the head with a blunt instrument.“ Specifically: The victim was hit in the head with a wooden baseball bat. Use the names of the parties.