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Plain English for Lawyers, Chapter 2

Plain English for Lawyers, Chapter 2. Omitting Surplus Words. Avoid Compound Constructions. Compound constructions use several words to do the work of one word Examples : in order to -> to inasmuch as -> because prior to -> before for the purpose of -> to in the event that -> if.

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Plain English for Lawyers, Chapter 2

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  1. Plain English for Lawyers, Chapter 2 Omitting Surplus Words

  2. Avoid Compound Constructions • Compound constructions use several words to do the work of one word • Examples: in order to -> to inasmuch as -> because prior to -> before for the purpose of -> to in the event that -> if

  3. Exercise – eliminate compound constructions from this sentence Prior to the hearing date, the Attorney General filed pleadings that appear to be in the nature of a motion to intervene. Prior to the hearing date, the Attorney General filed pleadings that appear to be in the nature of a motion to intervene. Before the hearing date, the Attorney general filed pleadings similar to a motion to intervene.

  4. Avoid word-wasting idioms • Word-wasting idioms are phrases that add no additional meaning to your sentence, but are just taking up space • Examples: He was aware of the fact that -> He knew In some instances - > sometimes In many cases -> often

  5. Exercise – eliminate word wasting idioms from this sentence If it is a fact that the defendant’s accounting records would reveal the fraud, then it goes without saying that the records are relevant and highly probative in the within action. If the defendant’s accounting records would reveal the fraud, then they are relevant and highly probative in this case.

  6. Focus on the actor, the action, and the object • Identify who is doing the acting in the sentence and make that person the subject of the sentence. Use short, concrete, subjects, rather than abstractions. • Identify what that person is doing – that action should be the verb and should come right after the subject • Identify who is the action being done to – that person should be the object and should come after the verb.

  7. Example Violation of the rules of legal ethics can result in the disciplining of the lawyer by the state bar. Actor = the lawyer Action = violate Object = the rules of legal ethics Actor = state bar Action = discipline Object = lawyer

  8. Rewrite, focusing on actor, action and object When a lawyer violates the rules of legal ethics, the state bar can discipline him.

  9. Avoid “There is,” “It is,” etc. They are not concrete subjects. They tend to make the sentence wordy and/or imprecise. Example: There were $70,000 in bills. Example: There were $70,000 in bills in the bag. Rewrite: The bag contained $70,000 in bills.

  10. Exercise – rewrite focusing on the actor, the action, and the object There is a prohibition in our state that forbids jury tampering, and there is reason to believe that Sharp may bear criminal responsibility under this law for the making of a phone call to one of the jurors. Our state prohibits jury tampering, and Sharp may have committed a crime by phoning one of the jurors.

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