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Writing to Be Read or Why Can't Lawyers Write Like Katherine Mansfield?

NCJ Number
174847
Journal
Judicial Review Volume: 3 Issue: 3 Dated: September 1997 Pages: 153-161
Author(s)
J C Raymond
Date Published
1997
Length
9 pages
Annotation
The importance of good writing skills, particularly the choice of words by lawyers and the structure of their sentences, is discussed.
Abstract
Lawyers need to write for the widest possible audience because much of what they write, including contracts, statutes, judgments, and decrees, is ultimately read by laypersons. Writers should use basic syntax and simple sentences and avoid subordinate clauses. When there is a need for longer sentences, writers should make them easy to follow. Sentences can be both long and clear if they are carefully constructed. One sign of a well-crafted long sentence is that phrases between commas seem to be additions rather than qualifications. The following rules are suggested for lawyers who want to write for the largest possible audience: (1) avoid legal jargon when possible; (2) write short sentences; and (3) when drafting pleading judgments, always begin with a story that indicates who has done what and to whom.

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