ADAPTED FROM: THE LEGAL WRITING HANDBOOK – OATES, ENQUIST, &

KUNSCH EFFECTIVE LEGAL WRITING – BLOCK

Part 16 of the Legal Methods Lecture SeriesBy Lisa McElroy

Why Use Commas CorrectlyCommas are frequently used, and frequently missed,

punctuation marks. They were invented to help readers comprehend

information. Commas help the reader naturally pause at a break in

information.

Coordinating ConjunctionsUse a comma before a coordinating conjunction joining two

main/independent clauses.

There are seven coordinating conjunctions: “and,” “but,” “or,” “for,” “nor,” “so,” “yet.”

The prosecutor spoke about the defendant’s motive, and the jury listened carefully. Independent Clause Conjunction Independent

Clause

Setting Off Long IntroductionsUse a comma to set off long introductory clauses or

phrases from the main/independent clauses.If an introductory clause precedes a main/independent

clause, the comma will be needed to set off the place where the introductory material ends.

As the Court of Appeals noted, delivery would require actual possession by the accused.

Introductory Phrase

Non-Restrictive Phrases or ClausesUse a comma to set off non-restrictive phrases or clauses. a. Non-restrictive phrases or clauses modify the noun. Non-

restrictive information means information not essential to the desired meaning of the sentence.

Officer Bates, acting as a decoy, remained outside on the sidewalk.

Non-restrictive Phrase

Officer Bates, who was acting as a decoy, remained outside on the sidewalk.

Non-restrictive ClauseThe desired meaning in both sentences is that Officer Bates

remained outside. Her acting as a decoy is added information.

Restrictive Phrases or ClausesRestrictive phrases or clauses limit the meaning of the noun. Restrictive information means information essential for the

desired meaning of the sentence.

An officer acting as a decoy remained outside on the sidewalk. Restrictive Phrase

An officer who acted as a decoy remained outside on the sidewalk.

Restrictive Clause The desired meaning in both sentences is to distinguish this

officer from others by pointing out that this officer was acting as a decoy in contrast to any other officer who might also be out on the sidewalk.

AppositivesUse a comma to set off non-restrictive appositives.

Appositives are noun/noun substitutes that follow a descriptive noun. Most appositives are non-restrictive and need to be set off by commas.

The court sentenced the defendant, a juvenile,Noun Appositive

to a term outside the standard range.

Participial PhrasesUse a comma to set off non-restrictive participial phrases. Participles are formed from verbs and can serve as adjectives.

Present participles end in “-ing;” Past participles end in “-d,” “-ed,” “-t,” “-n,” “-en.”

The court denied the motion, finding that the

Present Participleseizure fell under the plain view doctrine.

Transitions or InterruptionsUse a comma or commas to set off transitional or

interrupting words and phrases.Legal writers tend to break the flow of the sentence by

intentionally inserting a word or a phrase in the main clause. It is easy to understand the interrupting word if it is set off by

commas. The trial court, however, imposed an exceptional Interrupter

sentence of thirty months.

Phrases of ContrastUse commas to set off phrases of contrast.Phrases of contrast begin with “not,” “but,” or “yet.” Adams initially indicated that he, not Wilson, Phrase of

Contrast

was involved in the robbery.

Coordinating AdjectivesUse a comma between coordinating adjectives not joined by

a conjunction.Coordinating adjectives are two or more adjectives that

individually modify the same noun. To determine if it is a coordinating adjective, reverse the order

of the adjectives or add an “and.” If the adjective is a coordinating adjective, the order or

adding “and,” will not change the meaning.

Precise, concise language Concise, precise language

Precise and concise language

Items in a SeriesUse commas between items in a series.Series are 3 or more items grouped together in parallel

form as single words, phrases, or clauses.Single Word – Wong had no money, identification, or

jewelry.Phrase – Mason moved twice during his escape, changed

his name, and held four of five jobs.Clause – Jones could not remember who he was, where he

lived, or what he did for a living.