Lawyers encounter hypothetical scenarios and conditional situations daily, so they must consider what might happen or what could have happened. Two powerful tools help lawyers write about hypotheticals with precision and clarity: the subjunctive mood and conditional phrasing.
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Stop Fighting the Hypothetical: Using the Subjunctive Mood and Conditional Phrasing in Legal Writing
Who must comply with plain language laws? Nearly everyone in business. According to Professor Michael Blasie, the leading expert on plain language laws, in addition to the federal government’s plain language laws, every state in the United States and Washington DC have plain language laws too. In an earlier article, we discussed federal plain language requirements; this article focuses on state laws that determine how private actors must write.
Continue readingWriting in active voice is often cited as a core part of plain language. Though the idea seems simple, it becomes confusing when you see phrases like active voice and active verbs used interchangeably. In this article, we’ll clarify the difference and help you choose the right voice to communicate your ideas. The better your understanding of language, the better you’ll communicate with your audience—and that’s the goal of plain language!
Continue readingWriting in plain language helps you communicate with your audience. If that’s not enough incentive to write clearly and organize information logically, then consider this: Professionals throughout the United States and around the world are required to write in plain language.
Continue readingIf your organization cuts cost but doesn’t increase value, then you’re doing transformation wrong. This is a sign you’re adding complexity and processes that clients don’t want to pay for and your lawyers hate. But don’t give up. It is possible to ease burdens, elevate work, and satisfy clients simultaneously. The key is implementing improvements that increase value from the client’s perspective. To do so, it's time to move our focus from process to value. Take a holistic approach to workflow improvement by using the value stream framework.
Continue reading“The biggest misconception is that paralegals are clerical staff. And, although a paralegal may perform clerical duties—and make no mistake, clerical staff are important to a law firm—a paralegal’s function can go far beyond clerical duties.
A properly trained paralegal will have a handle on several substantive areas of the law and can assist in functions such as drafting documents, investigating claims, engaging with clients, preparing witnesses, and planning trial strategy.”
— Keith Shannon, paralegal educator
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Pronouns help writers shorten their sentences and vary their word choices so writing doesn’t seem repetitive. A pronoun is a short, generic word that replaces a noun. It can have one of three jobs:
Continue readingWhat difference can three or four letters make? When they form pronouns, these short words can have a big impact. Pronouns are words used in place of other nouns. They reduce repetition, which improves the clarity, pace, and flow of a sentence or paragraph. Without pronouns, sentences would be longer and messier and communication would become more difficult. In a world without pronouns, reading and speaking would be painfully boring. To see the difference pronouns can make, consider these two sentences.
Continue readingIf you confuse the words affect and effect, you’re not alone. These two words are some of the most commonly confused words in the English language! Because they sound alike, it can be even harder to keep them straight.
Continue readingWhen we start out as lawyers, we’re so afraid of being caught unprepared that we try to memorize every fact, every detail, and every statute. It seems like the smart thing to do. After all, doesn’t every job posting require “attention to detail”? The problem is that details become our security blanket. When a partner, a judge, or a potential client asks a question, we regurgitate the facts we memorized the night before and rattle off code sections—surely, our knowledge will impress our audience.
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