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The
Legal Writer #26
By Judge Mark
P. Painter
"I
love being a writer,
what I can't stand is the
paperwork."
—Peter De Vries
What De Vries may have meant is
that it's great, especially at cocktail parties, to be
able to say your occupation is "writer."
(Though even better would be just to say your name and
people would know you're a writer).
Most people admire writers,
because most people can't write — or think they
can't. Many people would rather
walk over hot coals than write for public consumption.
Just as most people are terrified of public speaking,
for the same reason:
you put yourself in front of an audience — any gaff
will be noticed. Writing is even more potentially
embarrassing because the
embarrassment is more permanent. Now more than ever
— with most everything being posted on the
Internet —mistakes live on forever. See the
next section for my latest.
But we all must conquer that fear
if we are to put the
now-proverbial pen to paper, or, more probably,
fingers to keyboard.
What De Vries might also have meant
is that writing is hard work. Writing does not come
easily, at least if you are anyone other
than Elmore Leonard.
Reason For Fear
Speaking of errors, alert reader
Wil Martin of Cincinnati picked up an error in my
column-before-last (I describe it that way because the
columns run at different times in different venues).
It was the column
about bad academic writing. I wrote that I had perused
some academic writing to find the
examples listed. Lo and behold, peruse doesn't
mean scan or browse, it means read
carefully. I have always though it was the
other way around.
The
American Heritage Dictionary, third edition, published
in 1992, only gives the
definition, "To read or examine, typically with
great care." It goes on to add a "Usage
Note" that mentions the
second definition and says it is unacceptable to
"sixty-six percent of the
Usage Panel." That same dictionary, in its fourth
edition, published in 2000, repeats the
entry. And "66 percent" of that same august
body (though now 66 is in numericals) still
disapprove. Methinks they
didn't revote.
Merriam Webster Online, though,
gives us the
following: "1 a : to examine or consider with
attention and in detail: STUDY b: to look over or
through in a casual or cursory manner"
(punctuation is their
form, emphasis mine).
That vindicates my theory
that peruse has crossed over — the
second definition, perhaps originally erroneous, has
now, through usage, become acceptable. So I have
authority that I was not wrong.
A cursory examination (perusal) of
a month's worth of cases from all jurisdictions finds peruse
used 18 times. Though it is difficult to tell from
some of the contexts,
it seems the word is
used for "scan" more often than not.
My preferred authority, Bryan
Garner, while admitting that the
browse usage has found a foothold, still frowns
on the usage. I have
three of Garner's usage books (1995, 1998, 2003). The
first one doesn't even mention the
scan definition. The
second mentions it as error. The
third admits that the
definition is common enough to be included in some
dictionaries — so even Garner is wavering. But he
does say that, because the
scan meaning is the
opposite of the
original, it should be "shunned." So I defer
to Garner and admit error. Any word that causes
confusion should be avoided.
If you write, you will make
mistakes. But that shouldn't deter you — it
obviously doesn't deter me. Again, thanks to Wil
Martin for pointing out the
problem.
Readability
In each column, I list the
two major readability statistics — remember that you
can program your word processor to tell you these
and more. Statistics for this column — my text only:
15 words per sentence, 10 percent passive voice.
(Remember the 1818
Rule — no more than an average of 18 words per
sentence and 18 percent passive-voice sentences.)
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Mark Painter is a judge on Ohio First District Court of Appeals and an Adjunct
Professor at the
University of Cincinnati College of Law. He is the
author of five books, including The
Legal Writer
2nd Ed.: 40 Rules for the
Art of Legal Writing. The
book is available at the
Ohio Bookstore in Cincinnati, Joseph-Beth Booksellers
in Cincinnati and Cleveland, the
Book Loft in Columbus, and from Lawyers Weekly Books
at http://books.lawyersweekly.com. Judge Painter has
given more than three dozen seminars on legal
writing. Contact him through his website at
www.judgepainter.org.
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