LawProse Lessons

Lesson # 81 Does the new Scalia-Garner treatise take a position on the serial comma — that is, the one preceding “and” in the phrase “a, b, and c”? ANSWER: Yes, in Reading Law: The Interpretation of Legal Texts, Justice Scalia and Bryan Garner explain the Punctuation Canon. In the course of that section, they …

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Lesson # 79 Why does Bryan Garner recommend deleting shall from all legal instruments? ANSWER: Several reasons: (1) It is the most frequently litigated word in the English language. (2) Not 1 lawyer in 100 uses it consistently in mandatory senses. (3) In most contracts, it bears three or four meanings — thereby violating the …

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Lesson # 77 What’s the easiest way to resolve a debate about any punctuation issue? ANSWER: Look at two authoritative sources: The Redbook: A Manual on Legal Style ch. 1 (2d ed. 2006) (with 50 pages devoted to punctuation) and The Chicago Manual of Style ch. 6 (16th ed. 2011) (with 43 pages devoted to …

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Lesson # 75 What’s the most eye-opening lesson that lawyers learn at LawProse seminars? ANSWER: There are many eye-openers, but the biggest is probably that writing style matters much more than most legal writers suspect. It is the wand that turns good ideas into gold. And just as you know the quality of a musician …

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Lesson # 73 What is the biggest mistake that lawyers make in the writing process? ANSWER: Starting to write before they’ve figured out precisely what the message is. As a result, the writing tends to be long-winded, meandering, repetitious, and unfocused. For tips on adopting a sensible method for writing, see these sources: Garner on …

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Lesson # 71 What is the most astonishing usage error committed by a majority of lawyers?ANSWER: Misunderstanding that the phrase just deserts (/di-ZURTS/) is so spelled — as opposed to the erroneous *just desserts. This word desert (pronounced, we reiterate, /di-ZURT/) is the noun corresponding to deserve. The Supreme Court of the United States has used the …

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LawProse Lesson #67 What’s the most frequent and serious mistake in brief-writing and motion-writing? Answer: Failing to frame the deep issues on page 1 — so that anyone, anyone, will understand the essential legal problems to be solved. It should be a dispassionate but persuasive statement of the issues. For instruction on precisely how to …

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LawProse Lesson #69 How should point headings be formatted?ANSWER: Please attend to this. Ideally, they’re complete sentences that are single-spaced, boldfaced, and capitalized only according to normal rules of capitalization — that is, neither all-caps nor initial caps. Even if court rules require headings to be double-spaced, all the other rules nevertheless apply. All-caps headings betoken …

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