Before the first day of your 1L year, you probably spent 30 minutes reading one page of a 17th century case (and dreaded having to read nine more before class). If you were anything like me, you sighed and consulted Black’s Law Dictionary to decipher the terminology combined in doublets and triplets—and were often disappointed to find the words were near-synonyms or out of use. You rightly identified these terms as archaic and redundant. But by the end of your 3L year, you were unfazed by the English, French, and Latin terms mixed within dense blocks of text. You could even understand what you read and use it to argue for classroom clients! You were ready to enter the profession, thinking and writing like a lawyer.
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When you see several potential verbs in a short sentence, but only one of them ends with -ing—and it isn’t driving the action—your sentence may have fallen into the Gerund Trap. If the -ing word represents an abstract idea and it’s the first word in a sentence or independent clause, then you’re almost certainly in the Gerund Trap. You may be surprised to learn that your -ing word isn’t functioning as a verb at all: it’s a noun! (By definition, a gerund is a verb in its -ing form that functions as a noun.)
Continue readingChoosing the right pronoun to use when writing is harder than you might expect. Some pronouns serve several functions; some pronouns don’t change to show number or gender, and others seem redundant. There’s also social pressure to sound “sophisticated.” It’s no wonder writers are confused! Let's explore the proper usage of reflexive pronouns and first-person pronouns.
Continue readingEmail has become the primary method of business communication—72% of people prefer email as their main source of business communication. But are we truly communicating? Sixty-four percent of businesspeople report having either sent or received an email that resulted in unintended anger or confusion. Research shows it’s because we’re not communicating effectively: Email senders overestimate their clarity and persuasiveness and email receivers only determine tone correctly 56% of the time.
Continue readingNominalizations—verbs or adjectives that have been converted into nouns—are common sources of obscurity, wordiness, and needless complexity in professional writing. While nominalizations may seem more formal when they appear in phrases like “reach a decision” or “make an assumption,” that requires equating formality with stodginess.
Continue readingEffective business communication relies on clear, concise, specific, and meaningful writing. Clichés fail all four requirements. In your first draft, a cliché may feel so easy and familiar to write that it seems irreplaceable. But, upon revision, you’ll see that clichés are unoriginal, broad generalizations—and often redundant. Delete them. Replace them. Your readers will reward you with their attention.
A major advantage of eliminating clichés from your business writing is the clarity and precision it brings. Without the clutter of overused phrases, your writing will be more persuasive and impactful, and you’ll be seen as more authentic, authoritative, and trustworthy.
Continue readingLegal writing requires the ability to present clear and persuasive arguments, which is why legal briefs need effective organization and structure. Two tools for enhancing the persuasive power of a brief are the Table of Contents (ToC) and point headings. By leveraging technology and honing organizational skills, lawyers can improve the clarity, coherence, and impact of their writing. Technology can simplify creating, organizing, and editing legal briefs so you can focus on finding the most persuasive arguments. In this article, we’ll discuss the importance of large- and small-scale organization and how to achieve it, as well as technology tools to help you construct a better legal brief.
Continue readingEffective legal writing involves connecting compelling arguments with cited support from relevant legal authorities. A clear understanding of these authorities’ hierarchy amplifies the persuasive strength of your assertions. Mastering tools like the Table of Authorities (TOA) in Microsoft Word can improve your productivity. Combining legal writing skills with technological assistance elevates the quality of your work, ensures adherence to court timelines, and helps you concentrate on your argumentation.
Continue readingLegal and business writing require a blend of precision, clarity, persuasion, and organization. With so many necessary elements, most legal and business documents are long and require more structure—for writers and readers—than a typical document. For writers, structure helps you maintain focus while crafting document content; for readers, structure guides them through the document and helps them see logical connections. Structure supports understanding, so finding ways to easily implement and adhere to structure will help you improve substance.
Continue readingBusiness and legal documents must be precise, clear, and carefully structured because they serve as legal records, define relationships, and document important decisions. But writing in these fields is rarely done alone. A combination of authors, resources, and tools contribute to the final document. Subtle adjustments can change meaning or transform a good piece into an exceptional one. Tracking the evolution of a document and the source of changes is important to understand how and why the document changed so you can make sure it doesn’t drift from its goals.
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