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(cont’d)

Example of real error that could have been caught by proofreading:

“We are d to confirm your instructions and provide our preliminary advice.”

Better: “We are pleased to confirm your instructions and provide our preliminary advice.”

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(cont’d)

Failure to proofread and edit what you have typed can leave you with

gibberish, as seen in this real example:

“Outcome regarding Dayle will be explored with the help of our criminal department. RCCQ venture seems to be rewarding, with small fine tuning of the contract and open discussion regarding member database should see all parties’ progress well.” ???

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Words

Affect/Effect (as a verb): influence versus cause.

Assure/Ensure/Insure: use “insure” only when talking about insurance (the financial product). If you mean “make sure”, say “ensure”. “Assure” means cause not

to worry.

Counsel/Council: your lawyer is your counsel. The council is often a governmental body.

Fewer/Less: use fewer if you can count them. You can have fewer words in a sentence, but less time to read it. Forego/Forgo: go before versus do without.

Imply/Infer: I imply something by hinting or suggesting; if you pay attention, you may infer the point I am trying to make.

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13. Beware of “It” and

“This”

Clear writing refers to people, things, and concepts with precision. It is tempting to write complicated sentences conflating multiple ideas and thoughts, and then start the next sentence with “This means” or “This shows”. Beware! Often, it will not be clear what “this” refers to. The careless use of the word “it” often causes the same problem.

Better: write “this criticism” or “this argument”. Specify what you are referring to. This often has the benefit of clarifying your own thoughts, which may remain murky if you do not force yourself to understand exactly what your words say.

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So, grammarian, pick the errors:

1. The three Defendant’s lost.

2.Professor Jones’ exam was a lot harder than expected.

3.What is it’s name?

4.The tax statute must be reformed so its fairer.

5.That person over their is there brother.

6.Your legal council would like to insure you of a good result.

7.The criminal stole the lawyers briefs.

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QUIZ TIME

8. The judge rendered their verdict against the accused. 9. I heard the tires squeal then the car came around the corner the woman was not able to get out of the way in

time

10. The computer is a useful research tool for lawyers, it can be used to find relevant case law and journal articles.

11. The defendant was arrested after the police found the following illegal materials at his home, guns, cocaine, and a large sum of money.

12. The judge asked the defendant Michael Jones for his plea.

13. Angered by the judge’s decision, a chair was thrown across the room by the defendant.

14. High Court of Australia rulings bind all other Australian Courts.

15. The date of the merger was 19September 2009.

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Bibliography/

Resources

Nancy Armstrong, Dangling Participles, California State University, Dominguez Hills, http://www.csudh.edu/class/services/studyskills/english/worksheets

/

dangling_participles/dangling_participles.pdf

Michèle M Asprey, Plain Language for Lawyers, The Federation Press, Sydney, 2003.

Plain English in Legal Writing: A Computer-based exercise devised by Julie Cassidy, Donna Brownrigg, Joy Kent, Jim Corkery and John Barrett, Bond University School of Law, 1989

Martin Cutts, Oxford Guide to Plain English, 2nd Ed., Oxford University Press, Melbourne, 2007.

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Bibliography/

Resources

Susan M. Green, Mentor Learning Series: Grammar, Axiom Publishing, Stepney, South Australia, 2005.

Jack Lynch, Grammar and Style Notes, University of South Australia http://www.unisanet.unisa.edu.au/07118/grammar.htm#.

Melbourne University Law Review Association, Inc., Australian Guide to Legal Citation, 2nd Ed, 2002, http://mulr.law.unimelb.edu.au/aglc.asp

Michael Meehan and Graham Tulloch, Grammar for Lawyers, 2nd Ed., LexisNexis Butterworths, Sydney, 2007.

William Strunk and E.B. White, The Elements of Style, 4th Ed., Allyn and Bacon, Sydney, 2000.

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