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Legal Research & WritingLegal Research & WritingLAW-215LAW-215

Legal Writing SkillsLegal Writing Skills

Part One:Part One:

The BasicsThe Basics

Why the Mechanics of Writing Are Why the Mechanics of Writing Are ImportantImportant

The mechanics of writing (i.e., The mechanics of writing (i.e., grammar, spelling and punctuation) grammar, spelling and punctuation) must be correct must be correct toto effectively effectively communicatecommunicate..

Flaws in mechanics distract the reader Flaws in mechanics distract the reader from the message, and cause the from the message, and cause the reader to: reader to:

Doubt the writer’s abilitiesDoubt the writer’s abilities

Reflect on the writer’s carelessnessReflect on the writer’s carelessness

GrammarGrammar

Grammar Do’s and Don’tsGrammar Do’s and Don’ts

Make sure you check for the Make sure you check for the

following:following: Parallel constructionParallel construction ModifiersModifiers Split infinitivesSplit infinitives Dangling participlesDangling participles Correct use of pronounsCorrect use of pronouns

Subject-verb Subject-verb agreementagreement Correct verb tenseCorrect verb tense Superfluous verbsSuperfluous verbs Sentence Sentence fragmentsfragments Run-on sentencesRun-on sentences

Subject-Verb AgreementSubject-Verb Agreement

Subject-Verb AgreementSubject-Verb Agreement

Two years ago, I couldn’t even

spell “paralegal” – now I are one!!!

Two years ago, I couldn’t even

spell “paralegal” – now I are one!!!

Sentence FragmentsSentence Fragments

FragmentsFragments

What are fragments?What are fragments?

DEFINITION:DEFINITION: Incomplete sentences (missing Incomplete sentences (missing

subject or main verb, or subordinate subject or main verb, or subordinate clause posing as a sentence)clause posing as a sentence)

A fragment is one of the most A fragment is one of the most egregious errors a writer can make.egregious errors a writer can make.

Main Verb Missing Main Verb Missing

Example:Example: Therefore, Winfield may be able to get title to the entire Therefore, Winfield may be able to get title to the entire

triangle, not just the part upon which the bathhouse is triangle, not just the part upon which the bathhouse is built. built. Provided, of course, that all the elements of Provided, of course, that all the elements of adverse possession are proved in Winfield’s favor.adverse possession are proved in Winfield’s favor.

POSSIBLE REVISION:POSSIBLE REVISION: Therefore, Winfield may be able to get title to the entire Therefore, Winfield may be able to get title to the entire

triangle, not just the part upon which the bathhouse is triangle, not just the part upon which the bathhouse is built built - provided- provided, of course, that all the elements of , of course, that all the elements of adverse possession are proved in Winfield’s favor.adverse possession are proved in Winfield’s favor.

FragmentsFragments

Subordinate clauses trying to pose as Subordinate clauses trying to pose as complete sentencescomplete sentences

Subordinate clause Subordinate clause = main clause preceded = main clause preceded by a word like: although, because, if, until, when, by a word like: although, because, if, until, when, etc.etc.

Example:Example: Winfield said Mann never used the triangle. Winfield said Mann never used the triangle. Although Although

she had permission to do so.she had permission to do so.

POSSIBLE REVISION:POSSIBLE REVISION: Winfield said Mann never used the triangleWinfield said Mann never used the triangle, although, although

she had permission to do so.she had permission to do so.

FragmentsFragments

1.1. Issue statements beginning with Issue statements beginning with “Whether.”“Whether.”

Example:Example:Whether, under Washington tort law, Smith Whether, under Washington tort law, Smith can recover punitive damages . . . .can recover punitive damages . . . .

2.2. Answers to questions.Answers to questions.

Example:Example: Probably not. In Washington, there is a Probably not. In Washington, there is a strong policy against awarding punitive strong policy against awarding punitive damages . . .damages . . .

Fragments - ExceptionsFragments - Exceptions

3.3. Exclamations (which rarely appear Exclamations (which rarely appear in legal writing!).in legal writing!).

4.4. For stylistic effect (by sophisticated For stylistic effect (by sophisticated writers).writers).

Example:Example:

It may have been unavoidable, but it still It may have been unavoidable, but it still took courage. took courage. More courage than most of More courage than most of

us would have had.us would have had.


5.5. Transitions (--also risky for Transitions (--also risky for inexperienced writers).inexperienced writers).

Example:Example:

““First, the truth.”First, the truth.”


ModifiersModifiers

Rule: Keep modifiers close to the Rule: Keep modifiers close to the word or words they modify.word or words they modify.

Frequent offenders:Frequent offenders:

NotNot OnlyOnly ScarcelyScarcely SimplySimply

ExactlyExactly HardlyHardly JustJust MerelyMerely NearlyNearly

AlmostAlmost AlsoAlso EvenEven EverEver

ModifiersModifiers

StatementStatement Implied MeaningImplied Meaning

OnlyOnly the defendant thought that the defendant thought that the car was rented.the car was rented.

(No one but the defendant (No one but the defendant thought that.)thought that.)

The defendant The defendant onlyonly thought that thought that the car was rented.the car was rented.

(He did not know for sure.)(He did not know for sure.)

The defendant thought The defendant thought onlyonly that that the car was rented.the car was rented.

(He thought that and nothing (He thought that and nothing else.)else.)

The defendant thought that the The defendant thought that the onlyonly car was rented. car was rented.

(Only one car was available, and (Only one car was available, and it was rented.)it was rented.)

The defendant thought that the The defendant thought that the car was car was onlyonly rented. rented.

(He did not think it was leased or (He did not think it was leased or sold.)sold.)

Example: “Only” Example: “Only”ModifiersModifiers

ModifiersModifiers

Example:Example: In In Smith v. JonesSmith v. Jones, , using land thirteen using land thirteen

feet west of their boundaryfeet west of their boundary, a , a patiopatio was built by the claimants.was built by the claimants.

POSSIBLE REVISION:POSSIBLE REVISION: In In Smith v.Jones, Smith v.Jones, using land thirteen using land thirteen

feet west of their boundaryfeet west of their boundary, the , the claimantsclaimants built a patio. built a patio.

Rule: Do not leave your modifier Rule: Do not leave your modifier “dangling”-i.e., without a noun in the “dangling”-i.e., without a noun in the sentence to modify.sentence to modify.

Example:Example: Looking at Winfield’s acts aloneLooking at Winfield’s acts alone, it would , it would

seem that his claim to the triangle was seem that his claim to the triangle was hostile.hostile.

POSSIBLE REVISION:POSSIBLE REVISION: Looking at Winfield’s acts alone, Looking at Winfield’s acts alone, the court the court

may findmay find that his claim to the triangle was that his claim to the triangle was hostile.hostile.

ModifiersModifiers

Rule: Do not place your modifier Rule: Do not place your modifier where it would appear to modify both where it would appear to modify both the term that precedes it and the the term that precedes it and the term that follows it.term that follows it.

Example:Example: Since the bathhouse’s completion, the Since the bathhouse’s completion, the

Winfields have used it and the Winfields have used it and the surrounding land surrounding land bothboth during the during the summer and winter.summer and winter.

Modifiers Modifiers

POSSIBLE REVISIONS:POSSIBLE REVISIONS: Since the bathhouse’s completion, the Since the bathhouse’s completion, the

Winfields have used Winfields have used bothboth it and the it and the surrounding land during the summer surrounding land during the summer and winter.and winter.

Since the bathhouse’s completion, the Since the bathhouse’s completion, the Winfields have used it and the Winfields have used it and the surrounding land during surrounding land during bothboth the the summer and winter.summer and winter.

ModifiersModifiers

PronounsPronouns

PronounsPronouns

Rule: Indefinite pronouns take Rule: Indefinite pronouns take singular verbs.singular verbs.

Definition: Indefinite pronouns do not Definition: Indefinite pronouns do not refer to any definite person or thing, refer to any definite person or thing, or they do not specify definite limits.or they do not specify definite limits.

Example:Example: EveryoneEveryone who takes the stand who takes the stand swearsswears

to tell the truth.to tell the truth.

AllAll AnyAny AnyoneAnyone AnybodyAnybody EachEach EitherEither

Examples of indefinite pronouns:Examples of indefinite pronouns:

NobodyNobody NoneNone SomebodSomebod

yy SomeoneSomeone SomethinSomethin

gg

EverybodEverybodyy

EveryoneEveryone EverythinEverythin

gg NeitherNeither No oneNo one

PronounsPronouns

Exception: “None,” “all,” “most,” Exception: “None,” “all,” “most,” “some,” “any,” and “half” may take “some,” “any,” and “half” may take either a singular or a plural verb either a singular or a plural verb depending on the noun to which they depending on the noun to which they refer.refer.

Examples:Examples: All All of theof the jewelry was jewelry was recovered.recovered.

All All of theof the rings were rings were recovered. recovered.

PronounsPronouns

Rule: When an indefinite pronoun is Rule: When an indefinite pronoun is the antecedent, use the the singular the antecedent, use the the singular pronoun. pronoun.

Example:Example: AnyoneAnyone would have noticed that would have noticed that his or his or

herher license plate was removed. license plate was removed.

PronounsPronouns

Rule: Collective noun antecedents Rule: Collective noun antecedents take a singular pronoun when you take a singular pronoun when you refer to group as a unit and a plural refer to group as a unit and a plural pronoun when you refer to the pronoun when you refer to the individual members of the group.individual members of the group.

Example:Example: The The juryjury must not be mislead about must not be mislead about

Jason Richardson’s credibility when Jason Richardson’s credibility when itit is considering his testimony.is considering his testimony.

PronounsPronouns

juryjury committeecommittee courtcourt majoritymajority boardboard

teamteam

familyfamily

audienceaudience

crowdcrowd

Examples of collective nouns:Examples of collective nouns:

PronounsPronouns

Rule: Each pronoun should clearly Rule: Each pronoun should clearly refer back to its antecedent.refer back to its antecedent.

Example:Example: Mann’s son now has title to her lot; he Mann’s son now has title to her lot; he

has informed Winfield that has informed Winfield that hehe must must remove the bathhouse.remove the bathhouse.

POSSIBLE REVISION:POSSIBLE REVISION: Mann’s son now has title to her lot; he Mann’s son now has title to her lot; he

has informed Winfield that has informed Winfield that WinfieldWinfield must remove the bathhouse.must remove the bathhouse.

PronounsPronouns

Another Example:Another Example: Officer Robert O’Malley, who arrested Officer Robert O’Malley, who arrested

Howard Davis, said that Howard Davis, said that hehe was drunk was drunk at the time.at the time.

POSSIBLE REVISION:POSSIBLE REVISION: Officer Robert O’Malley, who arrested Officer Robert O’Malley, who arrested

Howard Davis, said that Howard Davis, said that DavisDavis was was drunk at the time.drunk at the time.

PronounsPronouns

MORE POSSIBLE REVISIONS:MORE POSSIBLE REVISIONS: Howard Davis was drunk when he was Howard Davis was drunk when he was

arrested by Officer O’Malley.arrested by Officer O’Malley.

Officer O’Malley was drunk when he Officer O’Malley was drunk when he arrested Howard Davis.arrested Howard Davis.

According to the arresting officer, According to the arresting officer, Robert O’Malley, Howard Davis was Robert O’Malley, Howard Davis was drunk at the time of the arrest.drunk at the time of the arrest.

PronounsPronouns

Rule: Adjectives cannot be Rule: Adjectives cannot be antecedents.antecedents.

Example 1:Example 1: the Rheams buildingthe Rheams building

adjectiveadjective nounnoun The Rheams building has undergone as The Rheams building has undergone as

many facelifts as many facelifts as hehe has. has. POSSIBLE REVISION:POSSIBLE REVISION:

The Rheams building has undergone as The Rheams building has undergone as many facelifts as many facelifts as Rheams himselfRheams himself has. has.

PronounsPronouns

Example 2:Example 2:

the defendant’s alibithe defendant’s alibi

adjective nounadjective noun After hearing the defendant’s alibi, After hearing the defendant’s alibi,

the jurors seemed to change their the jurors seemed to change their opinion of him.opinion of him.

POSSIBLE REVISION:POSSIBLE REVISION: The jurors seemed to change their The jurors seemed to change their

opinion of the defendant after they opinion of the defendant after they heard his alibi.heard his alibi.

PronounsPronouns

More Examples:More Examples: UngrammaticalUngrammatical

SomebodySomebody must have used must have used theirtheir phone phone to call the police.to call the police.

Masculine pronoun (also incorrect) Masculine pronoun (also incorrect) SomebodySomebody must have used must have used hishis phone to phone to

call the police.call the police. CorrectedCorrected

SomebodySomebody must have used must have used his or herhis or her phone to call the police. phone to call the police. OROR

SomebodySomebody must have used must have used thethe phone to phone to call the police.call the police.

PronounsPronouns

SpellingSpelling

Tips to Help BecomeTips to Help Becomea Better Spellera Better Speller

Learn some rulesLearn some rules Use a dictionaryUse a dictionary Don’t over-rely on a spell checkerDon’t over-rely on a spell checker Use mnemonic devices to help you remember Use mnemonic devices to help you remember

wordswords Pronounce your words carefullyPronounce your words carefully Rewrite your misspellings correctly, several Rewrite your misspellings correctly, several

timestimes Proofread carefullyProofread carefully

PunctuationPunctuation

PunctuationPunctuation

CommasCommas ApostrophesApostrophes ColonsColons SemicolonsSemicolons Quotation marksQuotation marks ParenthesesParentheses

BracketsBrackets DashesDashes Exclamation marksExclamation marks HyphensHyphens Slashes or virgulesSlashes or virgules

Make sure you know the rules for Make sure you know the rules for using the following:using the following:

CommasCommas

CommasCommas

Rule: Use a comma before a Rule: Use a comma before a conjunction joining two main clauses.conjunction joining two main clauses.

Example:Example:

Winfield would have preferred his lot Winfield would have preferred his lot squared upsquared up, but, but he never discussed this he never discussed this preference with Mrs. Mann.preference with Mrs. Mann.

CommasCommas

Exception: When the main clauses are Exception: When the main clauses are short and closely related, the comma short and closely related, the comma before the coordinating conjunction before the coordinating conjunction may be omitted.may be omitted.

Example:Example:

The prosecutor spoke The prosecutor spoke and the jury and the jury listenedlistened..

CommasCommas

Rule: Use a comma to set off long Rule: Use a comma to set off long introductory phrases or clauses from introductory phrases or clauses from the main clause.the main clause.

Example:Example:

Since the bathhouse’s completion in Since the bathhouse’s completion in 1968,1968, the Winfield family has used it the Winfield family has used it and the surrounding land during both and the surrounding land during both the summer and winters.the summer and winters.

CommasCommas

Rule: Use a comma to prevent Rule: Use a comma to prevent possible misreading.possible misreading.

Example:Example:ConfusingConfusing

People who can usually hire their People who can usually hire their own lawyer.own lawyer.

RevisedRevised

People who canPeople who can,, usually hire their usually hire their own lawyer.own lawyer.

CommasCommas

Rule: Set off nonrestrictive Rule: Set off nonrestrictive appositives with comma(s).appositives with comma(s).

Example:Example:

In 1962, Mr. WinfieldIn 1962, Mr. Winfield, our client,, our client, bought bought a waterfront plot on Yale Lake from a waterfront plot on Yale Lake from Mrs. Marm, who owned and lived on Mrs. Marm, who owned and lived on the contiguous lot.the contiguous lot.

CommasCommas

Rule: Use a comma(s) to set off Rule: Use a comma(s) to set off nonrestrictive phrases or clauses.nonrestrictive phrases or clauses.

Example:Example:

In 1962, Mr. Winfield, our client, In 1962, Mr. Winfield, our client, bought a waterfront plot on Yale Lake bought a waterfront plot on Yale Lake from Mrs. Mannfrom Mrs. Mann,, who owned and lived who owned and lived on the contiguous lot.on the contiguous lot.

CommasCommas

Rule: Set off nonrestrictive participial Rule: Set off nonrestrictive participial phrases or clauses with comma(s).phrases or clauses with comma(s).

Example:Example:

Finding that the seizure fell under the Finding that the seizure fell under the plain view doctrine,plain view doctrine, the trial court the trial court denied the motion.denied the motion.

CommasCommas

Rule: Use comma(s) to set off Rule: Use comma(s) to set off transitional or interrupting words or transitional or interrupting words or phrases. phrases.

Example:Example:

The elements of open and notorious, The elements of open and notorious, actual, uninterrupted, and exclusive actual, uninterrupted, and exclusive possessionpossession,, however,however, can be proved by can be proved by evidence of acts alone.evidence of acts alone.

CommasCommas

Rule: Use of comma(s) with Rule: Use of comma(s) with quotation marks. quotation marks.

Example:Example:

The court gave title to the claimants The court gave title to the claimants and and stated, “stated, “The presumption is that if The presumption is that if the adverse possession is open and the adverse possession is open and notorious, the owner of the title will notorious, the owner of the title will know it and . . . no further proof as to know it and . . . no further proof as to the notice is required.”the notice is required.”

CommasCommas

Rule: Use comma(s) to set off Rule: Use comma(s) to set off phrases of contrast. phrases of contrast.

Example:Example:

Therefore, Winfield may be able to get Therefore, Winfield may be able to get title to the entire triangletitle to the entire triangle, not just the , not just the part on which the bathhouse is builtpart on which the bathhouse is built..

CommasCommas

Rule: Use commas between items in Rule: Use commas between items in a series (serial commas). a series (serial commas).

Example:Example:

Before sale, Mrs. Marm’s land formed a Before sale, Mrs. Marm’s land formed a perfect rectangle: perfect rectangle: 800 feet across the 800 feet across the water along the length, and 200 feet water along the length, and 200 feet down the sides.down the sides.

CommasCommas

Rule: Use commas between items in Rule: Use commas between items in a series (serial commas). a series (serial commas).

Another Example:Another Example:

A newspaper did a survey to determine A newspaper did a survey to determine who our "modern heroes" were. They who our "modern heroes" were. They listed the listed the first, second, and third place first, second, and third place winnerswinners, and then said:, and then said:

"In fourth place were "In fourth place were Persian Gulf War Persian Gulf War veterans, Eric and Julia Robertsveterans, Eric and Julia Roberts."."

CommasCommas

Rule: Use a comma between coordinate Rule: Use a comma between coordinate adjectives not joined by a conjunction. adjectives not joined by a conjunction.

Example:Example:

The Winfields and Mrs. Mann maintained a The Winfields and Mrs. Mann maintained a warm, friendlywarm, friendly relationshiprelationship until last year until last year when Marm moved to a nursing home.when Marm moved to a nursing home.

ApostrophesApostrophes


Rule: Use “ ’s ” to form the possessive Rule: Use “ ’s ” to form the possessive of singular or plural nouns or indefinite of singular or plural nouns or indefinite pronouns that do not end in “-s”.pronouns that do not end in “-s”.

Examples:Examples: defendant’sdefendant’s alibi alibi

expert’sexpert’s testimony testimony

everyone’severyone’s concern concern

family'sfamily's home home

Rule: Use “ ’s ” to form the Rule: Use “ ’s ” to form the possessive of singular nouns ending possessive of singular nouns ending in “-s” as long as the resulting word in “-s” as long as the resulting word is not difficult to pronounce.is not difficult to pronounce.

Examples:Examples: James’sJames’s book book

Congress’sCongress’s rule rule

witness’switness’s testimony testimony

business’sbusiness’s location location


HOWEVER, you should drop the final HOWEVER, you should drop the final “s” if the resulting series of words is “s” if the resulting series of words is difficult to pronounce.difficult to pronounce.

Examples:Examples: business’business’ sales sales

witness’witness’ signatures signatures


Rule: Use only an apostrophe to form Rule: Use only an apostrophe to form the possessive of plural nouns ending the possessive of plural nouns ending in “-s”.in “-s”.

Examples:Examples: workers’workers’ rights rights

framers’framers’ intent intent

the the Smiths’Smiths’ house house


Rule: Use “ ’s ” after the last word to Rule: Use “ ’s ” after the last word to form the possessive of a compound form the possessive of a compound word or word group.word or word group.

Examples:Examples: mother-in-law’smother-in-law’s statement statement

attorney general’sattorney general’s office office


Rule: To show joint possession, use “ Rule: To show joint possession, use “ ’s ” only after the last noun in a group ’s ” only after the last noun in a group of two or more nouns; to show of two or more nouns; to show individual possession, use “’s” after individual possession, use “’s” after each of the nouns in a group of two or each of the nouns in a group of two or more nouns.more nouns.

Examples:Examples: John and Mary'sJohn and Mary's stocks stocks

John’s and Mary’sJohn’s and Mary’s stocks stocks


Rule: To form the possessive of Rule: To form the possessive of personal pronouns, do NOT use an personal pronouns, do NOT use an apostrophe.apostrophe.

Examples:Examples: hershers

itsits

theirstheirs

yoursyours


Rule: To form contractions, use the Rule: To form contractions, use the apostrophe to substitute for one or apostrophe to substitute for one or more omitted letters or numbers.more omitted letters or numbers.

Examples:Examples: it’sit’s = it is = it is they’rethey’re = they are = they are who’swho’s = who is = who is class of class of ‘08‘08 = class of 2008 = class of 2008

NOTE: Do not use contractions in NOTE: Do not use contractions in legal writing!!!legal writing!!!


Rule: To form the plural of numbers, Rule: To form the plural of numbers, letters or words referred to as words, letters or words referred to as words, add “ ’s ”.add “ ’s ”.

Examples:Examples: seven seven 0’s0’s 1950’s1950’s two Boeing two Boeing 767’s767’s replace all the replace all the and’sand’s cross your cross your t’st’s


Legal Writing SkillsLegal Writing Skills

End of Part OneEnd of Part One

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