LawProse Lesson #417: A good book on writing

Can you recommend a good book on writing? We’re often asked this broadly phrased question. But because “writing” is such a broad subject, what one person needs isn’t the same as what someone else would find most helpful. If the question relates to grammar and usage—the thousand nitty-gritty issues of English wording—it’s hard to beat Garner’s Modern …

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LawProse Lesson #416: Writing Can’t Be Taught

You sometimes hear that writing “can’t be taught.” The statement has some truth in it: because writing is a complex integration of thought and technique, no teacher can supervise you while you do it. As a field of practical application, it requires doing. Only when you actually write can you apply whatever theories you might …

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LawProse Lesson #415: Your Subconscious Competence

What happens when you write a good letter, memo, motion, or brief within a reasonable time according to your skill level—one that suits both your purposes and your reader’s? You rely on stored knowledge that you’ve made automatic. Without trying, you’ve blended the powers of your subconscious and conscious minds. The subconscious part is the …

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LawProse Lesson #414: Why a legal style manual?

A traditional daily newspaper contains about 150,000 words—meaning that the journalists produce the equivalent of a 250-page book every 24 hours. They uniformly follow a style manual to ensure consistency in writing.          Most law offices of 50–75 lawyers produce that much work every workday as well. Like good journalists, they insist on accuracy …

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LawProse Lesson #411: What professors and judges have in common?

Let’s say an undergraduate professor once assigned you to write a critical report on a recently published book. You were expected to read it closely and to consult additional sources, such as related publications and book reviews. Your professor made several assumptions about your capabilities: that you could read and understand college-level materials;that you could …

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LawProse Lesson #410: Editing vs. Proofreading

Last time, we promised a treatment of editing vs. proofreading. Both involve improving a draft, but there are major differences. There are even two types of editing: macro-editing (reorganizing sections, supplying new text, etc.) and line-editing (making sentence-level improvements, such as enhancing word choices and rewording sentences so that, to the extent possible, each one …

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LawProse Lesson #409: The Kinds of Editorial Changes

Whatever their level of competence, revisers can make only three types of alterations: delete, replace, and insert. Any of these should improve a piece, not detract from it.   Deletions involve removing whatever is unhelpful, whether superfluous words (June of 2022 becomes June 2022), redundancies (general consensus becomes consensus), undesirable repetitions (often resulting from inexpert phrasing), and even weak arguments. Yes, sometimes …

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LawProse Lesson #409 Why Judges Cite Dictionaries

Bryan A. Garner, the founder of LawProse, has devoted his National Review column (“Garner the Grammarian”) to why American judges so frequently cite dictionaries and grammars. You’ll find it here: https://rb.gy/3vlma. The magazine editors have kindly dropped their paywall for a limited time so you can access this.         If you’re not already …

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LawProse Lesson #408 The Importance of a Writer’s Audience

“I’m ready for my public now,” the late Dame Edna Everage used to say. Less jokingly, a writer might say, “I’m ready for my readers now.”          But what does the writer’s statement mean? It means that, as a writer, you have an ever-present awareness of your audience. It’s a matter of psychological preparation. If you …

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LawProse Lesson #407 The Troubling Decline of the Humanities

Writing is a basic skill, especially in law. And so those of you who read last month in The New Yorker that humanities majors are declining precipitously in universities everywhere might have been alarmed. In the past decade, English majors have fallen by half in many if not most universities. At Harvard, the dean of …

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LawProse Lesson #406 You as Editor/Physician

As an editor or self-editor, you’re essentially a physician treating a patient (the composition). You must be a good diagnostician, and you must know the best possible treatments. Is the problem a superficial condition akin to slight bruising, or is it something so serious as to require resuscitation and intensive care?           To treat the sick, …

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LawProse Lesson #405 Renegade Writers

Professional writers know that they’ve had to abandon various “school rules” to become successful. They’ve had to unlearn the untruths that seemingly all writers pick up along the way. (A prime example is the idea that you should never write a one-sentence paragraph.) A renegade writer rejects superstitions. The important thing is to know which …

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LawProse Lesson #404 Seeing the Forest

One common problem that legal writers have is plunging into sections of a project before developing a good sense of the whole. Imagine building parts of a house before having an architectural plan. A superb technique for team writing projects is to have every member individually prepare point headings—full-sentence propositions. These team members must be …

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LawProse Lesson #401 The Art that Conceals Art

A highly effective piece of writing—this includes legal writing—uses the resources of language so efficiently that readers are unconscious of manner and become aware only of matter. With a brief or motion, judicial readers readily perceive the argument, and the basis for it, without ever being baffled—and without even thinking that they’re reading an argument. …

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LawProse Lesson #400: So what’s a paragraph?

From elementary-school days, people learn—and should continue learning—how to write forceful and grammatically correct sentences. If you have this skill, you have a good start on writing well. But there’s much more to it. You must cultivate the skill of combining sentences into logically coherent paragraphs. By way of analogy, paragraphs are to sentences what …

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LawProse Lesson #399: The way to learn to write.

How is it done? You must study good models, practice steadily, and learn to develop and support suitable arguments. The whole point of schooling—of the weary grind in learning certain things by rote (whether a foreign language, English grammar, or the multiplication tables of old)—isn’t to acquire facts but instead to train your mind to …

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