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“Verbiage” is one of those words losing its meaning through misuse. The primary entry in my dictionary defines verbiage as “More words than are required for clarity or precision.” Sadly, verbiage is the epitome of most legal writing.

Lawyers make money being persuasive. The most effective letter doesn’t bury the point in verbiage. Plain-language contracts are less likely to generate litigation. Court rules about word and page limits for briefs mean you must be your most persuasive within a finite space. Concise writing allows you to cover more points than if you must omit some because your primary issue has filled the available pages. Some judges privately admit they appreciate shorter briefs and dread drudging through a long one. A turgid brief has one count against it from the start.

To cut the verbiage from your writing, make sure every word counts and sentence construction is terse. Here are some suggestions.

Reconsider Adjectives and Adverbs

“Clearly” may be the most abused word in legal writing. Often, the point being made is not clear at all. If you have made your point clearly, it will stand on its own merit. Word-search “very.” Frequently, “very” adds nothing, and the sentence is more dramatic without that word:

  • “The driveway was very long.”
  • “The driveway was long.”

Specificity improves credibility; the reader makes the judgment call, rather than relying on the writer’s conclusion:

  • “The driveway was 50 yards long.”

Remove instances of “very” that clutter your writing.

Passive Voice

You have probably read you should not write in the passive voice, but perhaps have not understood why.

Passive sentences can muddle the message by not disclosing the entity that performed the action:

  • “The issue was considered closed.”

Or the actor may be disclosed, but the sentence is long and weak:

  • “The issue was considered closed by the condominium board.”

Subject-verb-object is the word order of a direct sentence. Direct sentences are shorter and more to the point:

  • “The condominium board closed discussion on the issue.”

Active voice is almost always the advocate’s better choice.

Avoid Redundancy

Yes, you are making an important point. So say it well the first time. Repetition does not increase the persuasiveness of your writing. On the contrary, it induces the reader to skim, searching for relevance and perhaps missing the most important argument hidden among the verbiage.

Got Editing Software?

Perhaps you feel you need editing help. Or perhaps you are already an excellent writer, but a little backup and confirmation seem like a good idea. Editing software may be a sound investment. Use of any editing software requires human review, not blind acceptance of the suggested change.

More than 20 companies offer grammar checkers. Some are free. Some have free and paid versions. Some work as extensions on your web browser. They will check your grammar as you participate in social media, but not when you are working offline.

What you really want is a grammar checker that integrates with your word processing program. Double-check for this feature before making a purchase.

Don’t Forget

Spell-check is already part of your word processing software, and you should routinely use it before transmitting documents. This function also performs some basic grammar checks and, with a little tweak in settings, gives you a readability score.

Heed the Experts

Versions of the quote “If I had more time, I would have made it shorter” are variously attributed to many, including Blaise Pascal, T.S. Eliot and as far back as Marcus Tullius Cicero. I guess they were on to something. Take the time to shorten your work to maximize advocacy success.

The post Your Livelihood Depends on Persuasive Writing appeared first on Attorney at Work.

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January 14, 2020 at 11:44AM

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