Five Rules Plus Some
Additional Tips to
Improve Your Writing
The Fundamental Skills That Will
Make You Stand Out
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The First Five Rules
These should be familiar to you: they are the Five Commandments that you learned in ALS.
1. Write as plainly as possible.
2. Avoid long sentences.
3. Use the active voice, and shun the passive voice. 4. Avoid archaic words.
5. Be concise.
Some additional tips appear from point 6 onwards.
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1. Write As Plainly As Possible |
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Write in a clear and simple style, using |
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ordinary words. Be straightforward, clear, |
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and precise. |
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Avoid legalese and pseudo-legal |
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gobbledegook where an explanation in |
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everyday English is possible. |
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Use Plain English when drafting. |
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Note: Use of legal terms may be necessary in |
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some circumstances. |
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See Asprey, Plain Language for Lawyers at 11-12. |
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2. Avoid Long Sentences
Don’t write long, convoluted sentences that require multiple read- throughs to understand.
Break overly complicated sentences down into multiple shorter sentences. Your writing will be easier to understand, and doing this will often help you de-tangle your thoughts, too.
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3. Use the Active Voice
• Active voice: Something does something.
• Passive voice: Something is done.
Your writing will be both more precise and more vigorous if you prefer the
active voice.
How to tell? Identify whether the subject of the sentence is doing anything.
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Source: Jack Lynch, Grammar and Style Notes, |
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University |
of South Australia |
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3. Use the Active Voice
(cont’d)
Warning: passive voice contains no subject for the verb. Can result in vagueness or ambiguity. Generally, edit your writing to avoid the passive voice.
Note: sometimes passive voice can be useful--to place special emphasis on the verb or to purposefully downplay who will be doing something.
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3. Use the Active Voice
(cont’d)
Real example from a student:
“In terms of Dayle’s fraud charge, it is to be assumed [by whom??] that he was acting on behalf of the business.”
Better: “In terms of Dayle’s fraud charge, we assume that he was acting on behalf of the business.”
Comment: Some students are under the misimpression |
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that constructions such as that in the “before” version |
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here sound more “legal” and authoritative. In fact, the |
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“before” version simply sounds like the author is too |
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timid or unsure of himself to stand behind what he is |
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saying. |
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4. Avoid Archaic Words
Don’t use old-fashioned “legal-sounding” words simply because you think they sound more important. Most of us don’t even know what they mean.
In fact, archaic words generally convey no more meaning than modern words that we and our clients can easily understand. There is no need for this, and your clients will thank you for preparing documents in a format they can read and understand more easily.
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4. Avoid Archaic Words
Think carefully before using words and phrases such as the following (or in archaic English, as the words and phrases that hereinafter follow):
“Hereinafter, witnesseth, these presents, the premises (in the sense of “the matters”) hereby, herein, herewith, hereafter, heretofore, abovementioned, aforesaid, in witness whereof, the day and year first hereinbefore written, hereunto, unto and upon, whatsoever, wheresoever, whosoever, howsoever”
Source: Asprey, Plain Language for Lawyers at 123-124.
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4. Avoid Archaic Words
For example, as Michèle M Asprey writes in Plain Language for Lawyers (at 124), is there really a difference between
1.“Secured Property” means all the assets and undertaking of the Mortgagor whatsoever and wheresoever situate.”
and
2. “Secured Property” means all the assets and undertaking of the Mortgagor.”?
Source: Asprey at 124.
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