Many people aren’t confident about what they write because other people are too quick to criticize it.    Particularly people who can’t write.
   The trick to writing well and having confidence in what’s on the page is nothing more than being clear, logical, plain, and brief.
   Here’s how to do it. Follow these points, and if somebody criticizes the work, consider the source.

• Plan it out.  Write an outline. It doesn’t have to be anything more than a word or two for each of the points that need to be covered. Then arrange the points in a logical order. Write about each one as a separate item, starting with the easiest one. The others will follow along. 

• Show the organization.  Begin by telling briefly what the work is about: Our firm needs new policies on dress, lunch breaks, time off, and smoking. Then address each item in that order and introduce each section with an explanatory sentence: Our dress code has been in effect since 1932. It can also be helpful to put an identifying heading over each section such as “Dress,” “Lunch Breaks,” and so on.

• Write plainly.  No one can criticize The roof in the ladies’ room leaks. But a flowery sentence is asking for criticism: A stain on the ceiling in the ladies’ room indicates the roof needs to be repaired.

• Use the active voice. It’s honest. It’s easy to read. It tells who did what. The repentant thief says “I stole the money”; the embezzler says “some money has been taken.” Human resources people love passive voice: Discipline, up to and including termination, will be administered to any employee reported to have been smoking cigarettes in the office. Active: The company will fire anybody who smokes in the office.

• Don’t try to sound like anything.  Don’t turn a phrase or use an uncommon word or try to be witty or funny or emphatic. It comes out stale and embarrassing. People are who they are. Somebody who thinks in short sentences will sound absurd writing in long ones, and vice versa.

• Take out any words that aren’t necessary.  A common one is that. If the sentence is clear without it, take it out. I thought (that) you knew (that) the word that is often unnecessary.  Also, qualifiers such as very, pretty, awfully, really, and even the word all can almost always be taken out without hurting the meaning of the sentence. An intelligent attorney isn’t any different from a very intelligent or pretty intelligent or awfully intelligent or really intelligent attorney. 

• Don’t write any more than is necessary.  Length doesn’t add anything but boredom. Brevity makes things readable and clear. In 1853 Cornelius Vanderbilt wrote to a business associate: “You have undertaken to cheat me. I won’t sue you, for the law is too slow. I will ruin you.” That said it all.

GETTING THE CONJUNCTIONS RIGHT
   Conjunctions are joining words. There are four kinds – coordinating, correlative, subordinating, and conjunctive adverbs. Each has some points to watch.    So with no further ado . . .

Coordinating conjunctions. These are the FANBOYS, or forandnorbutoryetso.
   A fanboy often gets a comma in front but rarely in back. We sang, danced, and drank wine but not we sang and danced, and, we drank wine. Adding that extra comma is like covering a brick with Saran Wrap before spreading the mortar on. There’s no need to separate the conjunction from what it’s joining up with.  
   Also with coordinating conjunctions comes the issue of the Oxford comma. That’s the comma that goes after the next-to-last item in a list. We ate rice, peas, and tomatoes.
   A lot of people think it’s unnecessary. They need to think again. There are times it can’t be left out, and punctuation needs to be consistent. Use it once, use it throughout. We will have grits, ham and eggs and jelly toast. Is it jelly toast or toast with eggs and jelly?

Correlative conjunctions. These are pairs such as either/or, both/and, and whether/or. There are two points to remember here.
   First, what goes after one has to go after the other. It’s not neither the judge nor bailiff will give you the document. The two have to match: neither the judge nor the bailiff or neither judge nor bailiff.
   The same holds true for I’ll either order a sandwich or a hamburger. It’s I’ll order either a sandwich or a hamburger. What about they have neither read


the book nor the magazine? They have read neither the book nor the magazine. Or they haven’t read either the book or the magazine. Or they haven’t read anything.
  And second, the correlatives have to be used in pairs. We aren’t sure whether it will rain. Well? Rain or what? We aren’t sure whether it will rain or snow.
   And now what’s wrong with we aren’t sure whether it will rain or we’ll see a blizzard? What’s wrong is it will rain is not parallel to we’ll see a blizzard. Make it whether we will see rain or a blizzard.

Subordinating conjunctions. These are words such as if, though, until, and when. They start off clauses. The only thing to worry about is putting a comma at the end of the clause. After the plaintiff heard the offer, the case was settled.

Conjunctive adverbs. These are the therefores, furthermores, and hences, and what’s important is to use a semicolon before and a comma after. It’s going to rain; furthermore, it’s going to flood.
   Many people say that because conjunctions are joiners, they shouldn’t come at the beginning of sentences. However, that’s not a mistake. And with a long sentence, starting afresh instead of keeping it running makes it a lot easier to read.  

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I were, you be, it please the court

 

 

 

LOA also carries a regular column on – of all things – grammar. It's called "On Better Communication," and many of our readers find it helpful for themselves, their staff, and their attorneys!

 

 


Plan it, say it clearly, and stop