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Repeat the operation until you run out of time or material. Don't say
the same thing twice inadvertently. Rewrite. Rewrite. Rewrite.
IN SEARCH OF PLAIN LANGUAGE--JURY INSTRUCTIONS
Three linguistic studies testing the readability and understandability
of legal documents have been completed. One study concerns
standard jury instructions, the second concerns appellate briefs, and
the third concerns jury instructions, a surgery consent form, a portion
of a federal statute, a newspaper article, and text from a sixth-grade
textbook. Robert and Veda Charrow conducted "the first empirical,
objective linguistic study of the comprehensibility of...standard jury
instructions" in which they analyzed how rewriting increased juror
understanding. In their article, "Making Legal Language
Understandable: A Psycholinguistic Study of Juror Instructions," they
describe their study of selected California jury instructions. James F.
Stratman used "concurrent reader protocols" to identify problems in
appellate briefs. In "Teaching Lawyers to Revise for the Real World:
A Role for Reader Protocols" Stratman describes how he had
appellate judges "think aloud" while reading appellate briefs. The
judges' comments suggested revisions to make the briefs more
readable and understandable. Robert W. Benson cloze tested 90 law
students and 100 nonlawyers on their understanding of jury
instructions, a surgery consent form, a portion of a federal statute, a
newspaper article, and text from a sixth-grade textbook. In "The End
of Legalese: the Game is Over", Benson compares the results of law
students and nonlawyers.
Researchers do not agree that any one type of comprehension test
more fairly measures reader comprehension than another type of test.
Benson identified standard types of comprehension tests as "multiple
choice or short answer test, oral questioning, and the 'cloze
procedure.'" He chose the cloze procedure because it "is not only
relatively inexpensive and easy to apply, but avoids key defects
inherent in other methods because it tests only the materials and not
the questions of the examiner's bias." In contrast, the Charrows and
Stratman used the more traditional test of asking readers to paraphrase
or comment on the content of the material.
similar meaning. If there is not a good reason for including them, the
excess words should be eliminated. Each string and the pair should be
replaced with one of the existing words, or perhaps a new one
contains details that the individual would normally not agree to.
However, the terms are obscured by the legalese. For this reason, it is
always a good idea to have important contracts read by a lawyer to
clarify the meaning of the legalese.
A successful legal practice depends on three critical skills: sales, good
writing and effective speaking (arguing). Because most of a lawyer's
job involves communication, it's no surprise that skilled legal writing
can make the difference between winning and losing a case. While
speaking can bring the point home to a judge and jury and sales bring
in the clients, it's the legal filings and summary of research that
ultimately wins a case.
Structure
A legal pleading or motion should always have a structure. A basic
method taught in law school involves Issue-Rule-ApplicationConclusion or IRAC. This approach explains the issue at hand for the
reader, spells out the rule of law involved, how the rule applies or
should be interpreted then closes the document showing the reader
how to decide the case or motion. Rambling documents are quickly
rejected by judges who don't have the time to be interpreting what
they might mean.
Editing
Editing provides a chance to catch both minor and significant errors in
legal writing, especially when the first submission of a document is
the only chance to make a legal argument. Attorneys and their staff
are well served by always re-reading their documents and having a
second person do so as well to catch problems. This can help avoid
problems with a legal citation mistake, misspellings, logic errors,
grammatical problems or even erroneous omissions of detail.
The written word is one of the most important tools of the legal
profession. Words are used to advocate, inform, persuade and instruct.
Although mastering legal writing skills takes time and practice,
superior writing skills are essential to success. Polish your legal
writing skills through the simple tips below.
their facts. Conclude your brief. Tell the court what relief you are
seeking and ask for that relief
Legal writing is different than other types of writing. Legal writing is
very concise, very dry and leaves little room for creative flair. Legal
writing can take many forms including legal briefs, memoranda,
scholarly articles, pleadings and motions. Regardless of what type of
legal document you are creating, the same rules apply and the same
tools prove useful. All legal documents must conform to the Bluebook
system of citation, must be expertly stylized and formatted, must be
completely free of grammatical and spelling errors and must adhere to
the local rules of the courthouse within which it will be filed
Punctuation Rules
Punctuation is a very important aspect of writing; good writing presupposes
correct punctuation. Incorrect punctuation is the sign of weak writing, or
carelessness. But this sort of thing is eminently avoidable, because punctuation
is quite simple to master. Here are some basic rules to keep in mind:
1. Every sentence must end with a full stop.
2. Proper nouns (names of people, places, brands, etc, i.e. unique instances
of a class) must always be capitalised.
3. When you use opening quotation marks, do not forget to use closing
quotation marks at the end of the quoted word or phrase.
4. Quotation marks are when quoting or sometimes to convey irony, not for
emphasis; emphasis is conveyed by emboldening or italicisation,
followed by an exclamation mark.
5. Do not use an apostrophe when you are pluralising a word. The plural of
toy is toys, not toys. Apostrophes are used to form contractions (it is =
its) and indicate possession.
6. The ellipsis, used to indicate variously the intentional omission of a
section of text, an unfinished thought, and a trailing off into silence,
consists of only 3 dots. It is pointless to add more dots to an ellipsis. This
is excessive punctuation, which is in other words incorrect punctuation.
7. As per the rules of British English, any punctuation mark that is not part
of a quoted section of text must be placed outside the quotation marks.
However, in the case of direct speech, punctuation marks must be
enclosed within the quotation marks.
8. Do not link independent clauses with commas. Independent clauses are
groupings of words that can stand alone as sentences. For example, in He
knew how to drive, that he didnt do it very often was a matter more
nerves, not inability both the parts before and after the comma are full
sentences. In such cases, the comma is not the correct punctuation mark
of connection. In needs to be replaced with a semi-colon (;). The
sentence becomes: He knew how to drive; that he didnt do it very often
was matter of nerves, not inability.
9. Use a comma after the introductory element of a sentence. The
introductory element is a word or a phrase that begins a sentence by
providing background, or simply modifies it. For example, Honestly I
dont know how I managed to escape is wrong, because the word
honestly modifies the sentence. Hence, it should be Honestly, I dont
know how I managed to escape.