Use the Active Voice; Put Pronouns in Their Proper Case;

Make the Verb Agree in Number with Its Subject

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REQUIRED READINGTabucanon’s Legal Writing

Chapter XIII Grammar and Usage

Chapter VI The Active Voice

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Grammar1. rules for language: the system of

rules by which words are formed and put together to make sentences

2. particular set of language rules: the rules for speaking or writing a particular language, or an analysis of the rules of a particular aspect of language

(Microsoft® Encarta® 2009. © 1993-2008 Microsoft Corporation. All rights reserved.)

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Grammar3. quality of language: the spoken or

written form of language that somebody uses with regard to accepted standards of correctness bad grammar

4. grammar book: a book dealing with the grammar of a language

5. analytic system: a systematic treatment of the elementary principles of a subject and their interrelationshipsMicrosoft® Encarta® 2009. © 1993-2008 Microsoft Corporation. All rights reserved.

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Syntax1. organization of words in sentences:

the ordering of and relationship between the words and other structural elements in phrases and sentences. The syntax may be of a whole language, a single phrase or sentence, or of an individual speaker.

2. branch of grammar: the branch of grammar that studies syntaxMicrosoft® Encarta® 2009. © 1993-2008 Microsoft Corporation. All rights reserved.

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Syntax3. rules of syntax: an exposition of or set of

rules for producing grammatical structures according to the syntax of a language

4. rules governing program structure: the rules governing which statements and combinations of statements in a programming language will be acceptable to a compiler for that languageMicrosoft® Encarta® 2009. © 1993-2008 Microsoft Corporation. All rights reserved.

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Syntax5. rules for deriving logical formulas:

the part of logic that gives the rules that define which combinations of expressions in the logical system yield well-formed formulas

6. rule-based arrangement: the arrangement of any group of elements in a systematic or rule-based mannerMicrosoft® Encarta® 2009. © 1993-2008 Microsoft Corporation. All rights reserved.

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1. Use the Active VoiceActiveThe court reversed the judgment.

PassiveThe judgment was reversed by the court.

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ACTIVE VOICEsentence pattern: a person or thing performing an action.

As you read the following sentences, think about who or what is performing the action, what the action is, and when the action occurs (present, past, or future).

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PERFORMER

ACTION TIME

The law student completed the difficult exam.

student completed

past

Mrs. Smith sings in the church choir each Sunday.

Mrs. Smith

sings present

The plane raced across the sky.

plane raced past

They will speak at the November meeting.

They Will speak

future04/21/23 10

Passive voice is inherent in legal language, but it is also overused in all types of legal documents.

Legal drafters are encouraged to modify the texts by transforming passive voice into active, because the passive is justified only when the doer of the action is unknown or intentionally left out.

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Passively phrased sentences are often more abstract, since the actor is not mentioned1. The judgment was reversed.2. Notice shall be given.3. A mistake was made.

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Use the pattern subject-verb-object not the inverted sequence, unless the inversion is much better.

Rewrite :

The motion to dismiss should have been furnished by the defendant to the plaintiff.

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2. Put Pronouns in their proper case and number

Jerry had dinner with Charles and me.There were differences between him

and me.The tortfeasor, the court found, was he.We judges are to decide real cases, not

hypothetical ones.Assign this case to whoever needs more

work.

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Rewrite :

We need to confer with whomever worked on this project and then have he or she draft a motion for summary judgment.

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Rewrite :

Finally, the fault is set aside to lie in part with we “eccentric professors”.

All press inquiries should be directed to Diane and myself.

My lawyer and myself are delighted to have won the case.

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Either, everybody, anybody, neither, nobody, someone – antecedents (a word or phrase that a subsequent word refers to)calling for he

E.g. 1. Everybody thinks he could give a rousing jury argument.

E.g. 2. Neither a corporate lawyer nor a litigator should overlook the importance of properly maintaining his files.

E.g. 3. Nobody would argue that his demeanor does not affect the judge’s attitude toward him.

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3. Make the Verb agree in number with its subject – keep your eye on the subject

Rule : Plural subjects take plural verbs, singular subjects take singular verb

Rewrite 1: This problem is also declining in importance as the language of statutes are modernized.

Rewrite 2: At first, the difference between Bernas and Cruz – or between Bernas and any other constitutionalists – is a bit startling.

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3. Make the Verb agree in number with its subject – keep your eye on the subject

Rewrite 3 - The appellate judge’s immediate audience are his colleagues who sat with him when an appeal was argued.

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4. Anchor modifiers to what they modify

Rewrite 1: Gnawing on its bone, the man scolded the dog.

Rewrite 2: Watching the river, the manikin was spotted floating near the bank.

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4. Anchor modifiers to what they modify

Rewrite 3: Finding no error, the judgment of the trial court is affirmed.

Rewrite 4: Applying those principles to the facts of this case, it is clear that the plaintiffs cannot recover.

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5. Split infinitives (a form of a verb with no reference to a specific tense, person, or subject) warily, if at allAn infinitive is split when one places one or more words between TO and the VERB

E.g. to (summarily) reverse; to (unwisely) modify

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5. Split infinitives (a form of a verb with no reference to a specific tense, person, or subject) warily, if at allRewrite : It is not necessary to here enlarge upon this point.

Rewrite : He hopes to more than double his profits in the next three quarters.

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6. Break some rules to catch attention

Don’t be afraid to begin the occasional sentence with AND or BUT.

End sentences with prepositions when you need to

Use Conditional Sentences Instead of PROVISOS

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CONCLUSIONThe obscurity of legal English has grown out of legal tradition as a by-product of traditionally entrenched concepts.

Legal writing in plain English is promoted and subject to modern day reforms.

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