Writing for the Law: Final exam review

MCINERNEY'S MAXIMS

 
 
     I hope these few prescriptions and cautions will enable you to improve whatever you write in the future, whether for the law or for any other reason.  They don't contain all the secrets of good writing, and they won't turn you into a "successful author" overnight, but they can be useful.

 
                            MAXIM # 1

 
     The most vital part of the writing process is REVISION OF YOUR FIRST DRAFT.  All good writers are actually good re-writers.  Whenever you can, revise three times, and let some time elapse between each revision. FIRST REVISION:   ask yourself, have I included everything that ought to be included?  Have I included anything  that ought to be cut?  Should I rearrange the order of any paragraphs or sentences? SECOND REVISION: Do my sentence patterns and structures clarify my meaning?  Do they emphasize what I want emphasized? Have I always chosen the right word to express my meaning exactly and forcefully?  THIRD REVISION: Are the grammar and spelling of each sentence correct?

 
                            MAXIM # 2

 
     As often as possible, use the active voice rather than passive constructions. Thus: not "The contention has been made by the defendant," but "The defendent contends."

 
                            MAXIM # 3

 
     Never use two or three words where one would do.  Never use any word unless you are sure it means what you want it to mean in that context.

 
                            MAXIM # 4

 
     Use similar grammatical constructions to emphasize the similarlty among related items or ideas, and, once you begin such a series, don't slip out of it prematurely.

 
                            MAXIM # 5

 
     Try to place words or phrases you want to emphasize at the beginning or the ending of the sentence.

 
                            MAXIM # 6

 
     Use subordination and condensation to avoid sentences that seem choppy, repetitious, or plodding.

 
                            MAXIM # 7

 
     Make sure your readers can see a logical connection between each sentence and its successor.  Use the strategies of subordination (repetition, pronouns, connecting words) when necessary.

 
                            MAXIM # 8

 
     Each paragraph should flow from a thesis sentence, and each sentence in the paragraph should elaborate or illuminate that thesis.  Don't crowd two or three ideas or topics into the same paragraph.

 
                            MAXIM # 9

 
     Test each questionable phrase or sentence by hearing it said aloud.  If it sounds strange or awkward in any way, it probably is.

 
                           MAXIM # 10

 
     Check each sentence especially for the following grammatical issues: is the sentence a complete sentence? Does it actually contain two independent but unacknowledged clauses?  Do the subject and verb agree in number?  Can your readers easily determine the object or person referred to in each pronoun used? Is any word or phrased misplaced, so that it distorts the meaning of the sentence?

 
                             MAXIM # 11

 
      Use new paragraphs, numbered sections, headings, and sub-headings to break up solid blocks of prose and make them more readable and more accessible to re-readings.

 
                             MAXIM # 12

 
      Write "plain English," and avoid legal jargon whenever possible.  Write your memo or brief or letter or opinion so that a layman could conceivably understand it.  (This will guarantee that lawyers will be able to grasp your meaning quickly and unambiguously.)

 
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