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Lawyers often write for other lawyers and judges,
who are presumed to be sophisticated readers.
That is, they can parse out difficult prose.
(But why should they have to?)
But we also frequently write
for non-lawyers with varying levels of reading
skill - a CEO probably reads better than most
criminal clients (unless the criminal client is
a CEO, of course.) And increasingly, we might be
writing for people whose first language is not
English. We must tailor our writing accordingly.
If your client is a college
English professor, you can probably assume
reading fluency. But most of your clients are
not professors, and few are trained in the law.
Unfortunately, a significant number of Americans
- some studies suggest 20-25 percent - have only
rudimentary reading skills.
Here are some suggestions for
writing for less skillful readers:
Use common words - earth
rather than firmament; fire not conflagration;
bird not egret (unless the type of
bird is important).
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Especially for people
whose first language isn't English, avoid
idioms or aphorisms. These people may be
sophisticated readers in their own language,
but they are much less apt to know our
figures of speech - pie in the sky, stitch
in time, bakers dozen, or blue
moon might be confusing - because they
may not know the referents.
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As with all writing,
write short sentences. But in this instance,
write even shorter, and in basic format -
subject-verb-object. Risk being dull rather
than misunderstood.
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Try not to use negative
formulations: you must be there,
rather than do not fail to appear.
(To non-lawyers, the latter is either
comical or confusing - the word appear
is hardly ever used in this sense.) But you
can't always avoid negatives: do not kill
is better than endeavor to keep your
enemies alive.
Make points in bullets or, if sequence
matters, in numbers. Bullet points are
easier to read and understand.
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Write big headings that
tell what's coming. Make your organization
evident.
Put specific instructions in bold: Meet
me outside Room 306, at the Courthouse, 1000
Main Street, at 8:30 a.m., November 15,
or You must return this form by April 1.
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Always include the street
address, even for a well-known destination.
Emerging from the subway, or a bus, the
address is important for orientation. And
there may be two courthouses - a federal and
a state. Someone without the street address
who asks a passerby for directions may well
be sent to the wrong place.
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Read through what you've
written and try to see if there is any way
it can be misinterpreted. As I've learned as
an appellate judge
- if it can be, it probably will be. If you
have a fourth grader handy, have the kid
read it and tell you exactly what it says.
If a fourth grader can't read it easily,
rewrite.
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Use the readability
statistics of your word-processing program.
As I've mentioned in previous columns, they
are not totally accurate, but they are a
good guide. Your document should not score
higher than the 6th-grade level.
Readability
Statistics
Statistics for this
column: 14 words per sentence, 10 percent
passive voice, grade level 8.5. (Remember
the 1818 Rule - no more than an average of
18 words per sentence and 18 percent
passive-voice sentences.)
Questions on usage,
style, or grammar are welcome. I don't claim
to be a grammarian, but I have access to
many sources. Please send questions,
comments, or particularly good or bad
examples of legal writing to jugpainter@aol.com.
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