LawProse Lessons

What do lawyers need to know about dictionaries? A lot, frankly. Dictionaries aren’t created equal. So you must consider the source to ensure that what you’re consulting is thorough, accurate, and reputable. A good dictionary marshals the vocabulary of a language, or the specialized vocabulary of a particular field, and arranges the original and historically […]

What’s the lawyer’s single best source for typography and document design? ANSWER: All the most important points of typography are covered in LawProse’s Advanced Legal Writing & Editing course. Professor Garner has also written a good deal about the subject in Garner’s Modern American Usage, The Winning Brief, The Redbook: A Manual on Legal Style,

Is it correct to say in regards to or with regards to? ANSWER: No. Although we say with best regards and warmest regards, traditional English idiom demands in regard to and with regard to. Putting an s on these last two phrases has conventionally been considered poor usage. Oddly, it is proper and traditional to

Should the t be sounded in often? ANSWER: Preferably not — if you want to sound educated. (Likewise, refined speakers accent preferably on the first syllable, not the second.) As in words like listen, fasten, and moisten, the t in often is silent: the word is correctly pronounced /off-ən/. In his A Dictionary of Modern

Is the correct past tense pleaded or pled — or perhaps plead? That depends. If you want to be unimpeachably correct, you’ll write pleaded in all past-tense uses <has pleaded guilty>. If you’re happy to defend yourself on grounds of “common” usage based on what many others do — despite mountains of contrary authority — you’ll probably use pled <has pled guilty>. If you’re

Why did the late David Mellinkoff object to using “last will and testament”? The phrase last will and testament is a common legal doublet — a ceremonious phrase with ancient resonances. Sir Edward Coke (1552-1634) referred to an ultima voluntas in scriptis (= last will in writing). Last will and testamentis not a term of

Is there ever a good reason to use “hereby” in your writing? ANSWER: Hereby is usually needless legalese akin to other here– and there– incantations (herein, thereinafter, hereof, thereto, heretofore, thereunder, herewith). These words summon up a supposed aura of legal ceremoniousness. They make legal writing an easy target for satirists. Good legal writers avoid

Is it ever proper to use between when expressing a relation with more than two things? ANSWER: Yes. Good writers commonly use between when referring to more than two things that have reciprocal relations. It’s a common superstition that you should never use between when talking about more than two elements. Generally, between does apply

What’s the best way to build your vocabulary? Why is it a good idea to do so?  ANSWER: First, keep a vocabulary notebook. Jot down every unfamiliar word that you encounter, look it up in a reliable dictionary, and copy down its definition. Commit it to memory. Try to make it yours. Second, read a

Is it acceptable to close a letter with Sincerely as opposed to Sincerely yours? ANSWER: Yes, it is. For many decades, a majority of U.S. Supreme Court Justices have signed off their letters in precisely this way. The very question may surprise you, but in the late 1980s a writer for ALI-ABA (American Law Institute-American

What’s wrong with “Where are you at?” or “Where’s it at?” ANSWER: Nothing is “wrong” with it in certain regional or class dialects: most linguists would say that this phrasing is perfectly appropriate for those settings. The problem is that those dialects have traditionally been associated with uneducated speech. The question is whether Where is

What are the most commonly misspelled legal terms? Spelling raises troublesome issues. It’s no more important, really, than dribbling is to basketball, short putts to golf, or personal hygiene to social relations. If you think they’re/there/their is a distinction you needn’t concern yourself with — perhaps because it’s below your pay grade — you’re (not

What’s the most common syntactical error that lawyers make? ANSWER: It has to do with appositives. Lawyers can’t seem to handle them. They cause problems in both phrasing and punctuation. So what’s an appositive? Garner’s Modern American Usage (3d ed. 2009) defines it as a word or phrase that points to the same person or

In The Winning Brief, why does Bryan Garner cite so many books on writing to support his 100 brief-writing tips? ANSWER: The whole purpose of the book is to counteract the sylistically wayward practices of inept brief-writers, from ill-constructed sentences to unreadable issue statements. As he is quick to point out when teaching his seminar

Is it correct to refer to an attorney general or solicitor general as “General So-and-So”? ANSWER: Not really. The trend has been to address attorneys general and solicitors general as if they were military officers, as in “General Starr, when will the report be available to the public?” Despite its prevalence, this is strictly speaking

When should all-caps text be used? ANSWER: When you need to emphasize particularly important information in text, all-caps will do the job, but you should never use all-caps for more than just a few words, as in a title: THE OLD MAN AND THE SEA, for example, on a billboard. Less defensible is the quasi-shouting

What are the rules on initial capitals? ANSWER: Most of the first letters of words in the titles of books, articles, songs, etc. are capitalized. The exceptions are articles or prepositions of four or fewer letters (unless they begin the title). So The Great Escape and Much Ado About Nothing, but Hope Is the Thing with

What are the rules on indenting? ANSWER: The first rule of indenting is to change your word-processor’s default tab setting. Half-inch tabs are a sure sign of a dysfunctional layout. They jump out at you as soon as you pick up a document and see “A.” half an inch from the left margin, followed by

What’s wrong with underlining in briefs, contracts, and other legal documents? ANSWER: Underlining is a holdover from the era of typewriters. It’s crude and unsightly. Why else would you recoil from a published book that contained underlining? Admit it: you would. Any publisher that typeset a book with underlining would seem like a fly-by-night operation.

Why is The Elements of Style, by Strunk & White, at once so revered and so reviled? Some 52 years on, America’s favorite “little book” on style has become a source of controversy. It’s a primer–an excellent but extremely elementary book. Part of the negative attention it gets is based on the way some people