LawProse Lessons

LawProse Lesson #384: The differences between speech and writing.

Many years ago, Judge Jerome Frank of the Second Circuit wrote that writing is essentially “speech heightened and polished.” Writing is what you would say if you talked ideally. It should be the equivalent of speech at considered leisure. At its best, then, prose is always natural-sounding to the reader’s ear—to the mind’s ear. There are three […]

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LawProse Lesson #383: The parts of a report.

Lawyers are often called on to write reports for various types of clients, from legislative committees to patentees to special litigation committees, to name just a few. They can run to hundreds or even thousands of pages. Longer than a memo, a report has these expected sections, at a minimum: Title page. The title page contains

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LawProse Lesson #382: Law graduates who can write.

Law deans often hear employers say, send us graduates who can write decently. But what does that mean? No memo or brief or letter is better than what’s in it. No amount of style and form, attention to punctuation and phrasing, can make good writing out of unreliable information and bad judgments. A good piece of

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LawProse Lesson #381: How to write an effective report.

Collect all relevant information, facts, and illustrations.Draft a key sentence—a full sentence—stating your main objectives.Make a list of all major and minor subject headings. Then turn these into full sentences so that you have a propositional outline. Rearrange propositions as necessary.Draft the body of the report as quickly as possible, composing paragraphs in support of

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LawProse Lesson #380: Lawyers as hobbyists

We know lawyers who are avid gardeners, sports fans, musicians, oenophiles, philatelists, car enthusiasts, and golfers. Of course, that’s just a sampling. It’s good to have a hobby you take seriously. We applaud that. But how many lawyers know as much about using the language well as they do about their favorite hobby? Not many,

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LawProse Lesson #379: Seven Questions to Ask When Revising

Have you been utterly truthful?Have you said all you need to say?Have you been appropriately diplomatic and fair?In your opener, have you made your points quickly and clearly?Have you avoided a slow wind-up that unnecessarily postpones the message?In the middle, have you proved your points with specifics?Is the closer fresh-sounding but consistent with what precedes

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LawProse Lesson 378 : No More Possessive Puzzles!

Our lessons on possessives have prompted more queries than we’d expected. Now that we’ve covered the plural possessive, people are clamoring for advice on the singular possessive. Here’s all you need to know if your name is Burns: Ken Burns’s films(singular possessive—the preferred form with ’s ) the Burnses are here(the only correct plural for Ken and

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LawProse Lesson 377: Where? The Jenningses’ house or the Reynoldses’ house?

You have friends named Jennings and Reynolds—the Jennings family and the Reynolds family, also known as the Jenningses and the Reynoldses. (Those are the only grammatical plurals for those names.) A large group is having a get-together at the Jenningses’ house. Or is it at the Reynoldses’ house? Either way, it’ll be delightful. Last week,

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LawProse Lesson 376: Plural Possessives of Names Ending with S

Among the most neglected aspects of basic grammar is how to make the plural possessive of a name ending in –s. It’s ignored in all editions of Strunk & White’s The Elements of Style, which announces on page one how to make a singular possessive—recommending Charles’s friend and Burns’s poem. It’s neglected in the AP

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LawProse Lesson 375: Lawyers’ Contributions to the English Language

Few realize just how important lawyers have been to English-language studies. The first English-language dictionary (John Rastell, 1523) was by a lawyer—a law dictionary that antedated the first general dictionary (Robert Cawdrey, 1604) by 81 years. The first dictionaries to cite authorities and stress etymology were likewise by a lawyer (Thomas Blount, 1656, 1670). That

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LawProse Lesson 374: What’s Your Style Manual?

Does your organization have a style manual? The benefits are many: a style manual settles thousands of little points of doubt in writing. For a singular possessive, do you write Jones’s (CMOS, Redbook) or Jones’ (AP)? For a plural possessive, do you write Joneses’ (every authority) or Jones’s (no authority)? Do you use the serial

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LawProse Lesson 373: On capitalizing “Black” but not “white”

In June 2020, the AP Stylebook changed its policy to favor capitalizing Black whenever the word is used in a racial, ethnic, or cultural sense. Meanwhile, white would be lowercase even in corresponding senses. The change occurred after years of consideration and close study. Here’s the reasoning. Most white people in North America can and

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LawProse Lesson 372: How to Write a Brief with a Team

First, establish deadlines for each step. Then: Step One: Have everyone draft two to three deep issues, not to exceed 75 words apiece. (See The Winning Brief 104–09 [3d ed. 2014].) Step Two: The team leader cherry-picks the best issue statements, puts together a master draft using no more than four issues, and circulates it for edits and improvements—insisting

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LawProse Lesson 371: Quotation Sandwich, Anyone?

What’s a quotation sandwich? It’s a means of making quotations an integral part of your writing. You don’t just plunk them on the page. You introduce them informatively and follow up smoothly. Though rare among legal writers, quotation sandwiches are delectable. They overcome a problem we often hear about from appellate judges and law-firm partners.

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LawProse Lesson 370: Justice Breyer on the Judiciary

In September 2021, in the Wall Street Journal, LawProse founder and leader Bryan A. Garner reviewed Justice Stephen Breyer’s edifying new book The Authority of the Court and the Peril of Politics (Harvard, 2021). If you read the print edition, it’s on page A13. If you have an online subscription, you can read it here: https://www.wsj.com/articles/the-authority-of-the-court-and-the-peril-of-politics-review-on-judicial-supremacy-11631052401. Now for the

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LawProse Lesson 369: But what’s page one for?

If there’s one thing that LawProse is famous for, it’s teaching lawyers how to frame legal problems clearly—so that readers will almost instantly understand what’s going on. It’s a tall order. If you’re engaged in advocacy or analysis, the most important thing is stating the problem clearly on page one. Right at the beginning. No

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LawProse Lesson 368: Ripping what you sew.

They’re called malapropisms: humorous misapplications of words, usually because of a similarity in spelling, sound, or stress pattern. Our favorite recent example appeared last week when the New York Times printed, in large type, *low and behold in place of the age-old lo and behold. The word lo derives from Old English (450–1099) as an interjection that directs attention to the

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LawProse Lesson 367: Preventive measures are recommended.

You’ve surely heard of preventive lawyering, preventive maintenance, and preventive medicine. What they denote is related to the old adage: a stitch in time saves nine. But an extra stitch is often added to the word: the additional syllable in *preventative. That’s what you hear if you listen to many TV commentators. One popular announcer

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LawProse Lesson 365: The James Bond Theme

At LawProse, we’ve long stressed the capital importance of openers. We’ve likened the first paragraph of a brief—a good one, anyway—to the fanfare in a Sousa march. It announces the song. The point was reinforced recently in a BBC interview with the composer Monty Norman, who wrote the memorable theme song for the James Bond

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