#LR&WThe Legal Writing Teaching Assistant MAGrinker

[http://www.kentlaw.
edu/academics/lrw/grinker/Lwta]
The Legal Writing Teaching

Assistant:
The Law Student's Guide to Good
Writing
by
Professor Marc A. Grinker
Copyright (c) 1994 by Marc A. Grinker.
Version 1.1
Acknowledgements
Marc A. Grinker, Visiting Associate Professor of Law and Director of the Ilana
Diamond Rovner Program in Appellate Advocacy, Chicago-Kent College of Law,
Illinois Institute of Technology.
I would like to thank Professors Suzanne Ehrenberg and Molly Warner Lien for
their support of this project. I am especially indebted to Professor Susan Adams
for her careful reading and editing of an earlier draft. Her suggestions have made
this a better learning and teaching tool. Rosemary Shiels, Director of the
Chicago-Kent College of Law Center for Law and Computers, and Jeff Harrison,
a second-year law student working for the Center, provided invaluable support in
creating and programming the computer-software version of this guide. I am also
grateful to Dominick Grillo, Manager of Chicago-Kent's Electronic Publishing and
Computer Resources Group, for his important contributions in the editing and
testing of this program.
Table of Contents
Abbreviations
Apostrophes
Articles
Brackets
Clauses - Restrictive and Nonrestrictive
Colloquialisms
Colons
Commas
Compound Adjectives
Contractions
Dashes
Dependant Clauses and Phrases
Ellipses
Gender Neutral Language
Hyphens
Legalese
Modifiers
Nominalizations and Adjectivizations
Parallelism
Passive Voice
Periods
Possessives
Pronouns
Quotation Incorporation
Quotation Marks
Semicolons
Sentence Structure
Spacing
Subject Verb Agreement
That Versus Which
Throat Clearning Phrases
Abbreviations
1. In formal writing, one should not use abbreviations, except as indicated in
rules 2, 3, and 4 below. For example:
Incorrect: The U.S. Supreme Court held that the defendant's rights
had been violated.
Correct: The United States Supreme Court held that the defendant's
rights had been violated.
Incorrect: Professor Jonas mentioned several cities that have

domestic-partnership ordinances, e.g., New York and San Francisco.
Correct: Professor Jonas mentioned several cities that have

domestic-partnership ordinances, including New York and San
Francisco.
Incorrect: The Court announced its decision in the case on Oct. 12,
1994.
Correct: The Court announced its decision in the case on October

12, 1994.
2. When an abbreviation has become so common that it has supplanted the full
name in common usage, one may use the abbreviation; however, one should do
so without the use of periods. For example:
Incorrect: The N.A.A.C.P. was the subject of a profile on C.B.S. last week.
Correct: The NAACP was the subject of a profile on CBS last week.
However: The defendant in the case is R.J. Reynolds Industries, Inc.
Notice that in the preceding example, the points after "R" and "J" should be left
in, because the meaning of the abbreviation is not sufficiently well known to most
readers. Ordinarily, one would replace such an abbreviation with the full terms;
however, one can not do so in this case because the legal corporate name
involved includes the abbreviation.
3. When writing legal citations, always use the abbreviations required by the
Bluebook. However, when referring to a court in text, do not abbreviate. For
example:
Incorrect: The Ill. Supreme Court required the return of the child to his birth
mother. Smithson v. Bettaglia, 59 Illinois 2d 73, 180 Northeast Reporter 2d
754 (1994).
Correct: The Illinois Supreme Court required the return of the child to his
birth mother. Smithson v. Bettaglia, 59 Ill. 2d 73, 180 N.E.2d 754 (1994).
4. When referring to a corporate entity that has one or more abbreviations

as part of its legal name, such as R.J. Reynolds Industries, Inc., leave the
abbreviations in the name. Do not spell out the abbreviation unless the
corporation itself spells it out, which some do (for example, Exxon
Shipping Company). This rule applies to all of the various forms of
corporate designations, including Co., Corp., Inc., and Ltd.
Incorrect: McDermott International, Incorporated
Correct: McDermott International, Inc.
Cross References: The Bluebook: A Uniform System of Citation § 6 (15th ed.

1991).
Apostrophes
When a student submits written work to a professor or to a law firm, no mistake
will stand out more or create a more negative impression of that student's work
than the mistaken use -- or nonuse -- of apostrophes. It is therefore critical that
you master these simple, yet often-confused, rules.
There are four situations that are often confused. These are the use or nonuse of
apostrophes in (i) plural words, (ii) singular possessive terms, (iii) plural
possessive terms, and (iv) the contraction and possessive forms of it's and its.
When considering whether a term should be possessive, first ask yourself
whether ownership is involved. If it is, the noun or pronoun should take the
possessive form.
1. Plain plural words do not require the use of an apostrophe. For example:
Incorrect: The lawyer's could generally be found after hours at the Hanover
Street Bar and Grill. (The apostrophe here incorrectly indicates a singular
possessive.)
Incorrect: The lawyers' could generally be found after hours at the Hanover
Street Bar and Grill. (The apostrophe here incorrectly indicates a plural
possessive.)
Correct: The lawyers could generally be found after hours at the Hanover
Street Bar and Grill. (The lack of an apostrophe here correctly indicates a
plural, nonpossessive term.)
2. In singular possessive terms, place the apostrophe before the "s." This will
indicate ownership by one person or thing. For example:
Incorrect: Our schools collection included an original set of Blackstone's

Commentaries.
Incorrect: Our schools' collection included an original set of Blackstone's

Commentaries.
Correct: Our school's collection included an original set of Blackstone's

Commentaries.
3. In plural possessive terms, place the apostrophe after the "s." This will indicate
to the reader that more than one person or thing owns the thing possessed.
Incorrect: The students success was largely attributable to their hard work
and dedication.
Incorrect: The student's success was largely attributable to their hard work
and dedication.
Correct: The students' success was largely attributable to their hard work
and dedication.
4. How to distinguish "its" and "it's."
"It's" is the contraction of "it is," as in the sentence, "It's best not to question the
judge's knowledge of the laws of evidence in open court." In formal writing,
however, one generally should not use contractions. Thus, the better formulation
of the sentence above would be: "It is best not to question the judge's knowledge
of the laws of evidence in open court."
"Its" is a possessive, as in the sentence, "The truck lost its muffler as it entered
the pothole-laden Kennedy Expressway." This is the rare case in which a
possessive term does not take an apostrophe.
5. A less-often faced decision involves the use of apostrophes where multiple

owners are named. Where two or more people own one item jointly, place an
apostrophe before an "s" only after the second-named person. For example:
Incorrect: Bill's and Mary's car was a lemon, leading them to seek
rescission of their contract under the state's lemon law.
Correct: Bill and Mary's car was a lemon, leading them to seek rescission
of their contract under the state's lemon law.
However, when two or more people own two or more items separately, each
individual's name should take the possessive form. For example:
Incorrect: Joanne and Todd's cars were bought from the same dealer; both
proved useless, even though Joanne's car was an import and Todd's was a
domestic model.
Correct: Joanne's and Todd's cars were bought from the same dealer; both
domestic model.
6. When creating the possessive form of words ending in "s," use only an
apostrophe after the "s" if the word ends in a "z" sound. However, if the word
ends in an "s" sound use an apostrophe and an additional "s" to create the
possessive.
Less Desirable: He was a student in Professor Adams's class.
More Desirable: He was a student in Professor Adams' class.
However: He was a student in Professor Weiss's class.
Cross Reference: Contractions
Articles
The term "articles" refers to the three words "a," "an," and "the." Students
sometimes leave articles out of their sentences in an effort to be more efficient or
to "sound like a lawyer." However, the result of leaving articles out is bad writing.
Use articles wherever they are required: there is no "lawyers' exception."
Students whose native language is an Asian language should be particularly
careful to check for the proper use of articles when writing in English, since
articles are not used in many Asian languages.
1. Avoid Lawyers' Noises. Leaving an article out of a sentence will not make it
much more concise, but it will make the sentence more difficult to read. Don't try
to write "like a lawyer": it is far better that your writing be considered literate than
lawyer-like.
Incorrect: Police officer moved evidence to avoid disappearance from

crime scene.
Correct: The police office moved the evidence to avoid its disappearance
from the crime scene.
Incorrect: Abrams, officer on duty at time of crime, testified against

defendant, Joanna Stone.
Correct: Abrams, the officer on duty at the time of the crime, testified
against the defendant, Joanna Stone.
2. Choosing between "a" and "an." The general rule is simple: use "a" before
nouns beginning with a consonant and "an" before nouns beginning with a vowel.
The more difficult question, discussed below in item 3, is how to deal with vowel
sounds and voiced consonants.
Incorrect: The judge had an gavel, and he used it frequently.
Correct: The judge had a gavel, and he used it frequently.
Incorrect: The judge had a elephant in her courtroom, though nobody

noticed.
Correct: The judge had an elephant in her courtroom, though nobody

noticed.
3. Vowel Sounds and Voiced Consonants. Sometimes a word begins with a

consonant, but sounds as if it begins with a vowel (thus, "vowel sounds"). These
words should be treated as if they start with a vowel in deciding which article to
use. The most common among these are words beginning with the letter "h"
(such as "hour" and "heir"). However, if you pronounce the consonant ("voiced
consonants"), then use the article "a," as you would with most other consonants.
Thus, the word "heir" begins with a vowel sound, while the word "hotel" begins
with a voiced consonant.
The following is an example of using articles with consonants that sound like
vowels.
Incorrect: The judge gave the lawyers a hour's recess to review the new
evidence.
Correct: The judge gave the lawyers an hour's recess to review the new
evidence.
The following is an example of using articles with voiced consonants.
Incorrect: The professor was well known for posing an hypothetical

question when students suggested that one rule would suffice for all
situations.
Correct: The professor was well known for posing a hypothetical question
when students suggested that one rule would suffice for all situations.
Brackets
1. Use brackets when inserting a word of your own choosing into a quotation.
Incorrect: The professor said that "Frankfurter evolved from liberal to

conservative while on the Supreme Court (and) Blackmun evolved from
conservative to liberal."
Correct: The professor said that "Frankfurter evolved from liberal to

conservative while on the Supreme Court [and] Blackmun evolved from
conservative to liberal."
2. Use brackets to indicate that you have changed a part of a word in a

quotation. This need generally arises when changing an upper-case letter to a
lower-case letter, or vice versa, in order to incorporate a quotation into a
sentence of your own.
Original Quotation:
"Excessive bail shall not be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted." U.S. Const. amend. VIII.
Incorrect Incorporation:
The Eighth Amendment provides that "Excessive bail shall not be required,
nor excessive fines imposed, nor cruel and unusual punishments inflicted."
U.S. Const. amend. VIII.
Correct Incorporation:
The Eighth Amendment provides that "[e]xcessive bail shall not be

required, nor excessive fines imposed, nor cruel and unusual punishments
inflicted." U.S. Const. amend. VIII.
Cross Reference: Quotation Incorporation
Clauses - Restrictive and

Nonrestrictive
1. Restrictive and Nonrestrictive Clauses Defined. Restrictive clauses limit the
possible meaning of a preceding subject. Nonrestrictive clauses tell you
something about a preceding subject, but they do not limit, or restrict, the
meaning of that subject. Compare the following examples.
Correct Restrictive Use:
The suspect in the lineup who has red hair committed the
crime.
Note how the subject "suspect" in this sentence is restricted in two ways: we
know that this suspect is both in the lineup and has red hair. As a result, we know
that the other suspects, who are not in the lineup, could not have committed the
crime. Moreover, of those suspects in the lineup, we know that the one suspect
in the lineup with red hair committed the crime. If there were more than one
suspect in the lineup with red hair, the above usage would be incorrect because
it implies a different meaning.
Correct Nonrestrictive Use:
The suspect in the lineup, who owns a red car, committed the
crime.
In this example, the restrictive clause "in the lineup" tells us that of all possible
suspects in the world, the one who committed the crime is in the lineup.
However, while the nonrestrictive clause "who owns a red car" tells us something
about the suspect, it does not foreclose the possibility that there are several
different suspects in the lineup with red cars. The car color may tell us something
useful, but it does not restrict us to only one possibility.
2. When choosing between "that" and "which," use "that" to introduce a

restrictive clause and "which" to introduce a nonrestrictive clause. Although some
writers use "which" to introduce a restrictive clause, the traditional practice is to
use "that" to introduce a restrictive clause and "which" to introduce a
nonrestrictive clause. When writing a restrictive clause, do not place a comma
before "that." When writing a nonrestrictive clause, do place a comma before
"which."
The store honored the complaints that were less than 60 days
old.
The store honored the complaints, which were less than 60

days old.
These sentences have different meanings as well as different punctuation. In the

restrictive sentence, the store honored only those complaints less than 60 days
old, but not those over 60 days old. In the nonrestrictive sentence, the store
honored all the complaints, all of which were less than 60 days old.
3. Place proper punctuation around nonrestrictive clauses, but do not place

punctuation around restrictive clauses. When a nonrestrictive clause appears in
the middle of a sentence, place commas around it. When a nonrestrictive clause
appears at the end of a sentence, place a comma before it and a period after it.
Do not punctuate restrictive clauses.
Correct Punctuation of Nonrestrictive Clause:
The 1964 Ford Mustang, which propelled Lee Iacocca to the

top of the automobile industry, is now considered a classic.
Correct Punctuation of Nonrestrictive Clause:
The credit card is in my wallet, which you can find in the

kitchen drawer.
Correct Punctuation of Restrictive Clause:
The boat that sailed on October 25 is the one to which we

referred in the contract.
Colloquialisms
Legal writing is formal writing. The primary goal is to communicate ideas clearly
and efficiently. An occasional rhetorical flourish can be useful to emphasize a
point, particularly in persuasive writing; however, one should not run the risk of
losing or confusing important legal ideas under the weight of flowery prose. The
ideas are more important than the prose. Similarly, one should not "write like one
talks." We often use colorful or colloquial phrases in spoken English that are
inappropriate in formal written English. Be sure to edit these phrases out of your
written work, replacing them with more precise language.
Incorrect: On arriving at the scene of the crime, the officer tore up the
stairs in search of the big enchilada.
Correct: On arriving at the scene of the crime, the officer ran up the stairs
in search of the leader of the crime syndicate.
In the preceding example, the colloquial phrases "tore up the stairs" and "big
enchilada" have more than one meaning. As a result, more precise language is
more appropriate.
Incorrect: On December 12, 1992, Ms. DeWitt kicked the bucket.

Also Incorrect: On December 12, 1992, Ms. DeWitt passed on to her
heavenly reward.
Better: Ms. DeWitt died on December 12, 1992.
In the preceding example, the first incorrect composition contains slang, which is
generally inappropriate in legal or other formal writing. The second inappropriate
example avoids "street talk," but goes too far in the other direction and sacrifices
conciseness.
Colons
1. Do not use a colon in a complete sentence after phrases such as "such as,"
"including," and "for example." Because phrases like these already indicate to the
reader that a list of examples will follow, there is no need to introduce them with a
colon, which would merely be redundant.
Incorrect: She had all the skills of a great litigator, such as: writing ability,
perseverance, persuasiveness, and obsessive attention to detail.
Correct: She had all the skills of a great litigator, such as writing ability,
perseverance, persuasiveness, and obsessive attention to detail.
2. Do not use a colon after a preposition (such as "in"), or a verb, that introduces
a list.
Incorrect: The new law student excelled in: Criminal Law, Legal Writing,
and Torts.
Correct: The new law student excelled in Criminal Law, Legal Writing, and
Torts.
Incorrect: The litigation tactics most disliked by the judge are:

discriminatory use of peremptory challenges, indiscriminate use of
document requests during discovery, and the introduction of frivolous
motions as delaying tactics.
Correct: The litigation tactics most disliked by the judge are discriminatory
use of peremptory challenges, indiscriminate use of document requests
during discovery, and the introduction of frivolous motions as delaying
tactics.
3. Do use a colon to introduce a list, or provide an explanation, provided that its

use is not contrary to rules 1 and 2 above. For example:
Correct Use to Introduce a List:
The store carried all the items the new judge needed: gavels, judicial robes,
case reporters, and computers.
Correct Use as an Explanatory Tool:

The restaurant served the type of food most preferred by lawyers: red
meat.
4. Do use a colon when restating an idea. If the material following the colon
constitutes a full sentence, capitalize the first word. If the material following the
colon is a dependent clause or phrase, do not capitalize the first word.
Correct: The writing was brilliant: It was clear, concise, and analytically
correct.
Incorrect: The writing was brilliant: clear, concise, and analytically correct.
Cross Reference: Semicolons
Commas
Comma usage is one of the most complex, and most misunderstood, questions
of proper punctuation. In some cases there are widely accepted rules governing
comma usage; in a few cases, there is more than one acceptable approach.
Students often think it's silly to worry about things such as punctuation: after all,
isn't the legal analysis what really counts? However, when one applies for a job
or submits written work to a supervisor, nothing will leave a more negative
impression than ignorance of the basic rules of punctuation. After all, the last
thing a senior attorney wants to do is correct a junior attorney's comma usage.
1. When you begin a sentence with a phrase or dependent clause to introduce a

subsequent independent clause, separate the clauses with a comma.
Incorrect: After many years as a criminal prosecutor she ascended to the

bench.
Correct: After many years as a criminal prosecutor, she ascended to the

bench.
Incorrect: Because the witness was unavailable the judge allowed the
introduction of the testimony pursuant to an exception to the hearsay rule.
Correct: Because the witness was unavailable, the judge allowed the
introduction of the testimony pursuant to an exception to the hearsay rule.
2. Use commas to set off a nonrestrictive clause in the middle of a sentence, but
not to set off a restrictive clause. Nonrestrictive clauses tell you something about
the subject of a sentence, but they do not limit, or restrict, the meaning.
Restrictive clauses, on the other hand, limit the possible meaning of the subject.
Compare the following examples.
The suspect in the lineup who has red hair committed the crime.
The suspect in the lineup, who owns a red car, committed the crime.
3. Use two commas to set off an appositive or an aside in the midst of a

sentence. An appositive is a word or phrase that describes a noun it follows. An
aside tells us something about the noun, but is not essential to defining the noun.
Correct Use with an Appositive:
The police chief, William A. Bendofsky, is an authority on the use of

roadblocks to protect neighborhoods from drive-by shootings.
Correct Use with an Aside:

The pretrial phase of the litigation, like all pretrial work, lasted longer than
the trial itself.
4. Use two commas, not one, to set off a nonrestrictive clause in the middle of a
sentence.
Incorrect: The city, a polyglot of different races and religions provided

many opportunities for cultural exchange.
Correct: The city, a polyglot of different races and religions, provided many
opportunities for cultural exchange.
5. Place a comma after a transitional word that introduces a sentence. The

following are examples of commonly used transitional words: accordingly,
furthermore, however, moreover, therefore, and thus.
Incorrect: Accordingly he granted the motion to dismiss.
Correct: Accordingly, he granted the motion to dismiss.
Incorrect: Moreover she convinced the judge that her client had been out of
state at the time of the burglary.
Correct: Moreover, she convinced the judge that her client had been out of
state at the time of the burglary.
6. When using commas to separate items in a list, place a comma before the
conjunction that precedes the last separate item in the list, unless that last item is
a compound term. Many people are taught not to place a comma before a
conjunction preceding the last item in a list (such as, "red, white and blue").
However, while popular, this approach runs the risk of creating ambiguity in a
number of situations. Consider the following.
Incorrect: The car was available in red, white, black and tan, and special-
order colors.
If the car is available in four standard colors, then the above usage is incorrect,
because it implies that black and tan is one, two-tone color option. However, if
there are only three color options, one of which is black and tan, then the above
usage is correct.
Correct: The car was available in red, white, black, and tan, and special-
order colors.
The use of the comma before the first conjunction in this sentence makes it clear
that there are four standard color options, avoiding the ambiguity created in the
first example by the absence of a comma before "and tan."
7. Use a comma to separate two adjectives that modify the same noun, but do
not use a comma if the first of two adjectives modifies the second adjective, but
not the noun. In considering this choice, ask yourself whether the two adjectives
can be reversed. If they can, as in the first example below, separate them with a
comma. If they can not, as in the second example below, do not use a comma.
Incorrect: The only approach to the city was by a long old highway.
Correct: The only approach to the city was by a long, old highway.
Incorrect: The suspect drove a light, blue truck.
Correct: The suspect drove a light blue truck.
In the second example, use of a comma would be incorrect, since "light" modifies
"blue," and is therefore not part of a series of commas that modify the word
"truck." However, on the off chance that the writer intended to write that the truck
was light in weight as well as blue in color, then the first use would be correct.
Thus, you can change the meaning of a sentence -- sometimes inadvertently --
by your use of commas.
8. Do not use a comma to replace the word "that."
Incorrect: The court decided, there is no constitutional right to a second

appeal, except by means of a habeas petition.
Correct: The court decided that there is no constitutional right to a second

appeal, except by means of a habeas petition.
Also Correct:
The court decided there is no constitutional right to a second appeal,

except by means of a habeas petition.
In the second correct example, removing the word "that" from the sentence is
acceptable because its absence does not confuse the reader. However, leave
"that" in a sentence if removing it would create some doubt in the reader's mind
concerning what the writer meant to convey.
9. As a general rule, do not use a comma to separate the parts of a double

predicate, unless the sentence would be confusing without it, or the second part
of the double predicate requires special emphasis. A double predicate exists
where the sentence has one subject and two verbs related to that subject.
(Please read rule 10 of this section as well.)
Incorrect: The customer finished his meal, and paid the check.
Correct: The customer finished his meal and paid the check.
Correct Use of Comma to Create Emphasis:
The defendant had been employed as a cashier for twenty years, and never
once was accused of stealing money from the register.
In the preceding example, the writer creates a greater emphasis on the

defendant's innocence by setting off the second part of the double predicate with
a comma. Without the comma, the second thought seems like an afterthought.
Correct Use of Comma to Avoid Confusion:
The judge ruled that suppression of the evidence was required because it
had been obtained illegally, and ordered the defendant released from
prison.
In this example, the writer avoids confusion by using a comma to introduce the
second in the series of compound verbs; without the comma, one might not be
sure whether the verb "ordered" related to the subject "it" or the subject "the
judge." By contrast, in the sentence above about the restaurant customer, the
comma is not needed, because it is a simple sentence.
10. When joining two independent clauses with a conjunction, place a comma
before the conjunction. Conjunctions include the words "and," "but," "or," "nor,"
and "yet."
Incorrect: The customer ate every piece of the apple pie and the waitress
brought another pie.
Correct: The customer ate every piece of the apple pie, and the waitress
brought another pie.
In the incorrect example, the reader may at first think the customer ate the pie
and the waitress. In the correct example, the comma before the conjunction tells
the reader, "Stop, another independent clause with its own subject (the waitress)
is about to begin."
11. Generally, use a comma before "which" but not before "that." Although some
writers use "which" to introduce a restrictive clause, the traditional practice is to
use "that" to introduce a restrictive clause and "which" to introduce a
nonrestrictive clause. When writing a restrictive clause, do not place a comma
before "that." When writing a nonrestrictive clause, do place a comma before
"which."
The store honored the complaints that were less than 60 days old.
The store honored the complaints, which were less than 60 days old.
These sentences have different meanings as well as different punctuation. In the

restrictive sentence, the store honored only those complaints less than 60 days
old, but not those over 60 days old. In the nonrestrictive sentence, the store
honored all the complaints, all of which were less than 60 days old.
12. Place commas inside, not outside, quotation marks. Follow this practice
whether or not the comma is part of the original quotation. The general rule is
that commas and periods should be inside the quotation marks at all times, while
all other forms of punctuation, such as question marks, colons, semicolons, and
exclamation points, should be outside the quotation marks, unless they were
contained in the original quotation.
Incorrect: The court held that "physical injury is not a required element of a
sexual harassment claim", and the plaintiff went on to win her case.
Correct: The court held that "physical injury is not a required element of a
sexual harassment claim," and the plaintiff went on to win her case.
13. Use two commas when setting off dates and places. When using a full date
(month, date, year) or multi-part geographical designation (such as city and state
or city and country), use two commas around the last part of the designation.
Incorrect: On June 28, 1974 Judge Hayes took her seat on the Supreme
Court.
Correct: On June 28, 1974, Judge Hayes took her seat on the Supreme
Court.
However: In June 1974 Judge Hayes took her seat on the Supreme Court.
Incorrect: Laredo, Texas was host for the 1994 World Rodeo
Championship.
Correct: Laredo, Texas, was host for the 1994 World Rodeo Championship.
Incorrect: We arrived in Tokyo, Japan for the meeting of the G-7 leaders.
Correct: We arrived in Tokyo, Japan, for the meeting of the G-7 leaders.
Cross References: Dependent Clauses and Phrases; Clauses -- Restrictive and

Nonrestrictive
Compound Adjectives
1. A compound adjective is formed when two or more adjectives work together
to modify the same noun. These terms should be hyphenated to avoid confusion
or ambiguity.
Incorrect: The black and blue mark suggested that he had been involved in
an altercation.
Correct: The black-and-blue mark suggested that he had been involved in

an altercation.
Incorrect: Her fifteen minute presentation proved decisive to the outcome

of the case.
Correct: Her fifteen-minute presentation proved decisive to the outcome of
the case.
2. However, combining an adverb (usually a word ending in "ly") and an

adjective does not create a compound adjective. No hyphen is required because
it is already clear that the adverb modifies the adjective rather than the
subsequent noun.
Incorrect: The remarkably-hot day turned into a remarkably-long week.
Correct: The remarkably hot day turned into a remarkably long week.
3. Furthermore, you should not place a hyphen in a compound adjective if the

adjectives are capitalized, such as when they are part of a title.
Correct: His book was entitled, "Gender Neutral Language in English

Usage," and it revolutionized the way people think about sex roles.
However: His book on gender-neutral language revolutionized the way

people think about sex roles.
Correct: The students were participants in Chicago-Kent's vaunted Legal

Research and Writing Program.
Also Correct:
The student decided to attend a school with a good legal-research-and-

writing program. Note that in this example, the reference is to a type of
program, rather than a specific program, and so the use of hyphens is
proper.
Contractions
1. Avoid using contractions in formal writing. A contraction is a combination of
two words as one, such as "don't," "can't," and "isn't." The use of contractions is
inappropriate in formal legal writing. Replace them with the two-word version of
the contraction.
Incorrect: He can't guarantee that the defendant will appear because the
defendant hasn't called him in several days.
Correct: He can not guarantee that the defendant will appear because the
defendant has not called him in several days.
2. Remember: "It's" is the contraction of "it is." The term "its" is the singular
possessive of "it." The term "it's," by contrast, is the contraction of "it is."
Correct use as Possessive:
My '68 Mustang is on its last journey.
Correct use as Contraction:
It's a long way from Tipperary.
Cross References: Apostrophes, Possessives
Dashes
Dashes can be used to set off material in the midst of a sentence. However, one
should try to avoid using them at all. When choosing between dashes and other
forms of punctuation (such as commas and parentheses), dashes should be
used sparingly and primarily when the material deserves special emphasis. By
contrast, parenthetical ideas may be lost. In typing or word processing, a dash is
formed by placing one space before and one space after two consecutive
hyphens.
Incorrect: The judge knew the defendant--she had been his third wife--and
he therefore recused himself.
Correct: The judge knew the defendant -- she had been his third wife -- and
he therefore recused himself.
Dependant Clauses and Phrases

Knowing how to distinguish a dependent clause or a phrase from an independent
clause will help you to use punctuation correctly and construct proper sentences.
A dependent clause or a phrase can not stand alone as a sentence. It is
therefore dependent on other words being added to it to create a sentence. An
independent clause, by contrast, can stand alone as a sentence, or it can be
combined with one or more other clauses or phrases to form a complex
sentence, through the proper use of punctuation and conjunctions.
1. Dependent Clauses Not Constituting a Sentence ("Sentence Fragments") --

Students sometimes write a dependent clause when they think they are writing a
sentence. This is one of the worst writing errors one can make. Dependent
clauses left standing alone are often referred to as sentence fragments. While
they contain a subject and a verb, they nonetheless represent incomplete
thoughts. Be sure that you understand the difference between a dependent
clause and a sentence. The following are examples of dependent clauses that,
like all such clauses, do not constitute sentences.
Before the trial ended.
Because the judge takes a narrow view of statutory

construction.
Although it could be reversed on appeal.
2. Turning Dependent Clauses into Sentences. One generally can turn any
dependent clause (or a series of dependent clauses) into a sentence by
combining it with an independent clause and one or more punctuation marks or
conjunctions.
Incorrect: Before the trial ended.
Incorrect: Before the trial ended but after the judge ruled on
the defense motion.
Correct: Before the trial ended, but after the judge ruled on the
defense motion, defense counsel preserved her objection for
appeal.
Incorrect: The trial court's ruling constituted a final order.

Although it could be reversed on appeal.
Correct: The trial court's ruling constituted a final order,

although it could be reversed on appeal.
Incorrect: The plaintiffs are unlikely to succeed. Because the

judge takes a narrow view of statutory construction.
Correct: The plaintiffs are unlikely to succeed because the

judge takes a narrow view of statutory construction.
3. Phrases Not Constituting a Sentence. A phrase is different from a dependent

clause because unlike the dependent clause it generally lacks a subject.
However, like a dependent clause, it can not stand alone and is dependent on a
clause being added. The following are a few examples of phrases.
Affirming the trial court's ruling [Lacks a subject for the verb
"affirming"]
Having tried the case [Lacks a subject for the verb "having"]
4. Turning Phrases into Sentences. One generally can turn any phrase into a
sentence by combining it with an independent clause and one or more
punctuation marks or conjunctions.
Incorrect: The appellate court held that the evidence was

inadmissible. Affirming the trial court's ruling.
Correct: The appellate court held that the evidence was

inadmissible, affirming the trial court's ruling.
5. Do not connect two independent clauses with a comma ("comma splice").

Two independent clauses, by definition, can each stand alone as a sentence.
However, they can not be pieced together with a comma. Instead, either use a
semicolon or separate the clauses out as two sentences.
Incorrect: One can not separate the emergency function from

the other functions of a flight attendant, it is inherent in the
job.
Correct: One can not separate the emergency function from

the other functions of a flight attendant. It is inherent in the
job.
Also Correct:
One can not separate the emergency function from the other
functions of a flight attendant; it is inherent in the job.
Cross References: Commas, Semicolons

Ellipses
An ellipsis is a series of three points with spaces between them (. . .) inserted
into a quotation to indicate the omission of material from the original quotation.
There are quite a few simple rules for the proper use of ellipses, which are used
more often in legal writing than most forms of writing, since lawyers often
(generally too often) quote material from other sources. Failure to use the proper
form of an ellipsis could misrepresent the work of another person and result in
legal liability for the writer. Correct use of ellipses, on the other hand, shows that
the writer has carefully attended to detail, and thus increases the reader's
confidence in the reliability of the written work.
1. When placing an ellipsis in the middle of a quotation to indicate the omission

of material, use three points with spaces before and after the ellipsis.
Incorrect: The First Amendment provides that "Congress shall make no law
respecting. . .the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances." U.S. Const. amend. I.
Correct: The First Amendment provides that "Congress shall make no law
respecting . . . the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances." U.S. Const. amend. I.
2. When placing an ellipsis at the end of a quotation to indicate the omission of

material, use four points -- a three-point ellipsis and a period. The ellipsis should
follow a blank space.
Incorrect: The First Amendment provides that "Congress shall make no

law. . . abridging the freedom of speech. . ." U.S. Const. amend. I.
Correct: The First Amendment provides that "Congress shall make no

law . . . abridging the freedom of speech . . . ." U.S. Const. amend. I.
3. Do not place an ellipsis at the beginning of a quotation to indicate the

omission of material.
Incorrect: The First Amendment also prohibits laws ". . . respecting an

establishment of religion. . . ." U.S. Const. amend. I.
Correct: The First Amendment also prohibits laws "respecting an

establishment of religion . . . ." U.S. Const. amend. I.
4. When combining a fully quoted sentence with a partially quoted sentence, or
with a second, but nonconsecutive quoted sentence, place a period at the end of
the fully quoted sentence, followed by a space, an ellipsis, another space, and
the remainder of the quoted material. Do not place a space before a period at the
end of a fully quoted sentence.
Incorrect: In a unanimous decision, Justice Holmes wrote, "The question in

every case is whether the words used are used in such circumstances and
are of such a nature as to create a clear and present danger that they will
bring about the substantive evils that Congress has a right to
prevent . . . .When a nation is at war many things that might be said in time
of peace are such a hindrance to its effort that their utterance will not be
endured so long as men fight and that no Court could regard them as
protected by any constitutional right." Schenck v. United States, 249 U.S.
47, 52 (1919).
Correct: In a unanimous decision, Justice Holmes wrote, "The question in

bring about the substantive evils that Congress has a right to prevent. . . .
When a nation is at war many things that might be said in time of peace are
such a hindrance to its effort that their utterance will not be endured so
long as men fight and that no Court could regard them as protected by any
constitutional right." Schenck v. United States, 249 U.S. 47, 52 (1919).
In the preceding series of quotations, the ellipsis in the middle of the two
quotations indicates that one or more entire intervening sentences have been
omitted.
Incorrect: In a unanimous decision, Justice Holmes wrote, "The question in

bring about the substantive evils that Congress has a right to
prevent. . . .their utterance will not be endured so long as men fight and
that no Court could regard them as protected by any constitutional right."
Schenck v. United States, 249 U.S. 47, 52 (1919).
Correct: In a unanimous decision, Justice Holmes wrote, "The question in

bring about the substantive evils that Congress has a right to prevent. . . .
[T]heir utterance will not be endured so long as men fight and that no Court
could regard them as protected by any constitutional right." Schenck v.
United States, 249 U.S. 47, 52 (1919).
In the preceding example, the ellipsis indicates that some material -- it could be a
whole sentence and the beginning of the next sentence, or just the beginning of
the next sentence -- has been omitted in the midst of the quoted material. The
brackets around the "T" indicate that the letter was lower case in the original and
was changed to upper case by the writer to create a proper sentence. The
brackets also confirm that material at the start of the second quoted sentence
was omitted, because the letter "T" would have been capitalized in the original,
and therefore would require no brackets, if it had started a sentence. For more
information concerning the use of brackets, see the section of this tutorial on
brackets.
5. When omitting one or more entire paragraphs, indicate the omission by

indenting four points and placing them on a separate line. If the quoted material
is 50 words or more, use indented margins and do not use any quotation marks.
Incorrect:
"Poverty imposes costs on the nonpoor that warrant, on strictly economic

grounds and without regard to ethical or political considerations, incurring
some costs to reduce it. For example, poverty in the midst of a generally
wealthy society is likely to increase the incidence of crime: the forgone
income of a legitimate alternative occupation is low for someone who has
little earning capacity in legitimate occupations, while the proximity of
wealth increases the expected return from crime, or, stated another way,
the cost of honesty. . . . An individual who feels endangered or appalled at
the poverty around him can contribute to an organization designed to
alleviate that poverty an amount equal to the benefit that he would derive
from the reduction of poverty enabled by his contribution (net of
administrative costs)." Richard A. Posner, Economic Analysis of Law 350
(2d ed. 1977).
Correct:
Poverty imposes costs on the nonpoor that warrant, on strictly economic

grounds and without regard to ethical or political considerations, incurring
some costs to reduce it. For example, poverty in the midst of a generally
wealthy society is likely to increase the incidence of crime: the forgone
income of a legitimate alternative occupation is low for someone who has
little earning capacity in legitimate occupations, while the proximity of
wealth increases the expected return from crime, or, stated another way,
the cost of honesty.
....
An individual who feels endangered or appalled at the poverty around him

can contribute to an organization designed to alleviate that poverty an
amount equal to the benefit that he would derive from the reduction of
poverty enabled by his contribution (net of administrative costs).
Richard A. Posner, Economic Analysis of Law 350 (2d ed. 1977).
6. Never leave a point in an ellipsis floating at the beginning or end of a line of

text. (However, you may have a period at the end of a fully quoted sentence at
the end of a line of text and begin the ellipsis on the next line.)
Incorrect: "His refusal to cooperate with the court and name the source .
. . resulted in a contempt citation."
Also Incorrect:
"His refusal to cooperate with the court and name the source . .
. resulted in a contempt citation."
Correct: "His refusal to cooperate with the court and name the source . . .
resulted in a contempt citation."
Also Correct:
"His refusal to cooperate with the court and name the source
. . . resulted in a contempt citation."
Also Correct:
"The period may properly be placed at the end of a sentence.

. . . The ellipsis may then be placed on the following line, indicating the
omission of an intervening sentence."
Cross References: Brackets, Quotation Incorporation
Gender Neutral Language

The use of gender-neutral language may seem unnecessary to some writers, but
the consistent use of masculine pronouns leaves the impression that women
could not be among the group to which the writer is referring. While some may
respond that the masculine pronouns "he" and "his" refer to men and women
both, the impression left is in the eye of the reader, not that of the writer.
Because many readers read masculine pronouns to refer only to men, the writer,
perhaps inadvertently, will have created the wrong impression. Furthermore, in
the practice of law, those who use only masculine pronouns may find later -- to
their great regret -- that the supervising attorney or judge to whom the work was
submitted would never use masculine pronouns as general terms in her work.
The key rule of thumb is to avoid using gender-specific language; resort to

alternatives like "he or she" only if there is no way to write the sentence without
the pronouns. In most cases, one can rewrite any sentence to avoid the need for
gender-based pronouns. There are three methods explained below. The first of
the three is the most desirable. Do not use "their" as an alternative to his or her;
"their" should be used only when referring to a plural subject. Each of the rules
here offers a method of avoiding gender-based language.
1. Rewrite the sentence to avoid the need for any pronoun at all. One can often
substitute the words "the" or "a" for the pronoun.
Incorrect: A good judge takes their job very seriously.

Undesirable:A good judge takes his or her job very seriously.
Better: A good judge takes the job very seriously.

OR
A good judge takes judging very seriously.
Incorrect: A defendant should not be required to sacrifice their

constitutional right to a fair trial for the sole benefit of allowing televised
coverage of their trial.
Better: A defendant should not be required to sacrifice his or her

constitutional right to a fair trial for the sole benefit of allowing televised
coverage of his or her trial.
Best: A defendant should not be required to sacrifice the constitutional
right to a fair trial for the sole benefit of allowing televised coverage of the
trial.
2. If necessary, use "one" instead of "he or she" or "his or her." However, one
should avoid this formulation as well, if possible, since the use of "one" can be
awkward.
Less desirable:
A person who masters the basic rules of grammar, punctuation, and good
writing is likely to impress his or her supervisors.
More desirable:
One who masters the basic rules of grammar, punctuation, and good
writing is likely to impress one's supervisors.
3. If necessary, change the subject from singular to plural. When you are
referring not to a specific individual but to a type of individual, you can avoid both
gender-specific pronouns and the incorrect use of the pronoun "their" by using a
plural subject.
Incorrect: A teacher must communicate clearly with their students.
Also Incorrect:
A teacher must communicate clearly with her students.

Better: A teacher must communicate clearly with his or her students.
Best: Teachers must communicate clearly with their students.
4. Avoid the use of "s/he" as a substitute for a proper pronoun. Some have
proposed the use of "s/he" as a substitute for "he or she." However, "s/he" is not
a word and is awkward to read. (Does one read it as "she" or as "s slash he"? Is
either choice desirable?)
Incorrect: The successful lawyer will shepardize all cases cited in a memo.
S/he also will avoid quoting from headnotes.
Correct: Successful lawyers will shepardize all cases cited in a memo. They
also will avoid quoting from headnotes.
5. Avoid the use of gender-specific titles if possible.
Poor Choices Better Choices

Chairman Chair, chairperson, leader
Congressman Member of Congress, Representative
Policeman Officer, police officer, police official
Stewardess, Steward Flight attendant
6. Use the terms "Ms." and "Mrs." properly. If you know that a person refers to
herself as "Mrs." or "Miss," you should respect that choice. However, if you don't
know the individual's preference, you should use "Ms." Women should not be
required to reveal their marital status by the use of "Mrs." or "Miss." The use of
the term "Mr." in referring to a man does not reveal his marital status. Although
"Ms." is not actually an abbreviation for a longer term, it nonetheless has become
accepted to place a point after the term.
Undesirable:
Mrs. Hillary Clinton; Mrs. Clinton; Ms. Clinton
More Undesirable:
Mrs. William J. Clinton
Better Choices:
Hillary Rodham Clinton; Ms. Hillary Rodham Clinton; Ms. Rodham Clinton
7. Use last names properly. If a woman chooses to use her maiden name
instead of her married name, or to use her maiden name and her married name
(with or without a hyphen), you should respect that choice. Similarly, if a person
uses a hyphenated name containing the last names of both parents, you should
respect that choice.
Undesirable:
Justice Ruth Ginsburg; Justice Sandra O'Connor
Better (and wiser) choices:
Justice Ruth Bader Ginsburg; Justice Sandra Day O'Connor
Undesirable:
Christian Dinneen; Christian Long; Mr. Dinneen; Mr. Long
Better choices:
Christian Dinneen-Long; Mr. Dinneen-Long
Cross Reference: Pronouns

Hyphens
1. Use a hyphen with compound adjectives. A compound adjective is formed
when two or more adjectives work together to modify the same noun. These
terms should be hyphenated to avoid confusion or ambiguity.
Incorrect: The black and blue mark suggested that he had been involved in
an altercation.
Correct: The black-and-blue mark suggested that he had been involved in

an altercation.
Incorrect: Her fifteen minute presentation proved decisive in the outcome

of the case.
Correct: Her fifteen-minute presentation proved decisive in the outcome of

the case.
2. Do not use a hyphen after an adverb. Combining an adverb (usually a word

ending in "ly") and an adjective does not create a compound adjective. No
hyphen is required because it is already clear that the adverb modifies the
adjective rather than any subsequent term.
Incorrect: The remarkably-hot day turned into a remarkably-long week.
Correct: The remarkably hot day turned into a remarkably long week.
3. Do not use a hyphen when the compound modifier appears after the noun it
modifies.
Incorrect: The language, which was gender-neutral, impressed the judge

and her law clerks.
Correct: The language, which was gender neutral, impressed the judge and
her law clerks.
Also Correct:
The gender-neutral language impressed the judge and her law clerks.
4. Do not hyphenate proper names or titles. You should not place a hyphen in a
compound adjective if the adjectives are capitalized, such as when they are part
of a title.
Correct: His book was entitled, "Gender Neutral Language in English

Usage," and it revolutionized the way people think about sex roles.
However: His book on gender-neutral language revolutionized the way

people think about sex roles.
Correct: The students were participants in Chicago-Kent's vaunted Legal

Research and Writing Program.
Also Correct:
The student decided to attend a school with a good legal-research-and-

writing program. Note that in this example, the reference is to a type of
program, rather than a specific program, and so the use of hyphens is
proper.
5. If it is unavoidable, you may use a hyphen to divide a word at the end of a line
of text. However, it is better to place the whole word on one line if that approach
would not result in leaving a large space. If you need to use a hyphen, be sure to
use it after a complete syllable, never in the middle of a syllable. You may want
to check a dictionary for the proper syllable breakdown. (Please also note that
one should never split a word at the end of a page; if necessary, move the entire
word to the top of the next page.)
Undesirable:
Students of all backgrounds often underestimate the time needed to cre-

ate a professional memorandum or brief.
Better:
Students of all backgrounds often underestimate the time needed to

create a professional memorandum or brief.
Undesirable:
The longest word listed in her new dictionary was

antidisestablishmentarianism.
Better:
The longest word listed in her new dictionary was antidisestablish-

mentarianism.
Legalese
1. Do not use legal argot in an effort to "sound like a lawyer." There are many
words and phrases one might associate with legal writing but which have a
tendency to obscure the meaning of a sentence. Although you will see that some
of these words are used by judges and authors of legal texts, particularly in older
texts, you should not use them yourself. The rule of thumb of modern legal
writing is that a lawyer's language, whenever possible, must be clear and concise
enough to be understood by a lay client. Do not use so-called legal terminology
unless general terminology would be less precise.
Undesirable:
As stated heretofore, the landlord's conduct created, caused, and resulted

in serious bodily harm and massive injuries, to wit: a broken and mangled
left leg, lacerations to the aforementioned leg, and several broken digits on
the foot attached to said leg, in witness whereof was the spouse of the
injured party.
Better: As stated, the landlord inflicted serious injuries on the tenant,

including a broken left leg, lacerations to that leg, and several broken toes
on the left foot. The altercation was witnessed by the tenant's spouse.
2. Do not use long introductory (throat clearing) phrases that add no special
meaning. Use of phrases such as "the defense contends" and "it is important to
emphasize that" generally add no substantive meaning to a sentence. Making
matters worse, they prevent the reader from quickly reaching the important part
of the sentence and may result in a loss of emphasis. As a general rule, one
should get to the important point quickly.
Undesirable:
The plaintiff contends that the landlord caused her injury by leaving a large
ditch in the backyard.
Better: The landlord injured the plaintiff by leaving a large ditch in the
backyard.
Of course, if you wish to emphasize that this is only a contention, not a fact, then
the first usage is acceptable. However, if you represent the plaintiff, it does your
client a disservice to suggest this is only a contention. If it's a fact, state it without
introduction.
3. Do use well-understood terms of art if they are more precise than general
terminology and if you are writing to a professional audience. The beginning law
student will have difficulty knowing when a term of art is likely to be well
understood, as they all are new to the beginner. However, as time progresses,
new law students will develop an easy familiarity with terms of art and the
decision whether to use them will be less difficult.
Undesirable:
In this case, which involves a group of corporate directors who failed to

properly represent the interests of the shareholders, the plaintiffs can not
bring their claim in federal court because the plaintiffs and defendants
were all citizens of the same state and the only issues to be tried were
matters of state law.
Better: In this case, involving the breach of fiduciary duties by corporate

directors, the plaintiffs can not proceed in federal court because there is
neither diversity of citizenship nor any federal question.
In the preceding example, the terms "fiduciary duties," "diversity of citizenship,"

and "federal question" are terms of art likely to be understood by any practicing
attorney or judge. Their use would therefore be appropriate in writing a
memorandum to a supervising attorney or a brief to a judge, but might not be
appropriate in a letter to a lay client.
Modifiers
1. Do not use multiple modifiers unless each adds a distinct meaning to the
sentence.
Undesirable:
The dangerous, vicious dog could not be the defendant in the case;
however, the dog's irresponsible, inattentive owner could be.
Better: The vicious dog could not be the defendant in the case; however,
the dog's irresponsible owner could be.
2. Avoid Squinting Modifiers by Placing Modifiers as Close as Possible to the

Words they Modify. Squinting modifiers create confusion about which word they
modify. The words that most often cause this problem are adverbs such as
"only," "both," and "well." You can avoid this problem by placing modifiers as
close as possible to the words they modify. Each of the four sentences below
means something different because the modifier "only" has been moved. Writers
should never say, "Well, you know what I meant." Instead, you should write
precisely what you mean to convey.
First Meaning:
The judge is permitted to impose criminal sanctions only after the parties
have a right to be heard.
Second Meaning:
The judge is permitted to impose only criminal sanctions after the parties
Third Meaning:
The judge is only permitted to impose criminal sanctions after the parties
Fourth Meaning:
Only the judge is permitted to impose criminal sanctions after the parties
In the first meaning, the placement of "only" before "after" tells us when the judge
may impose criminal sanctions. In the second meaning, the placement of "only"
before "criminal sanctions" implies that the judge may not impose other forms of
sanctions. In the third meaning, the placement of "only" before "permitted" tells
us that while sanctions are permitted to be imposed, they are not required to be
imposed. In the fourth meaning, the placement of "only" tells us that the judge --
but not anyone else -- is permitted to impose criminal sanctions.
3. Avoid Dangling Modifiers by Placing Modifiers as Close as Possible to the

Words they Modify. Dangling modifiers, which are often found at the beginning of
a sentence, leave the reader wondering who or what is being modified. In the first
incorrect option below, can you tell who spent several hundred hours on the
case? In the second incorrect option, can you tell who had tried hundreds of
cases?
Incorrect: Because she had spent several hundred hours on the case, Ms.
McCormick rejected Ms. Peabody's bill.
First Correct Option:

Ms. McCormick, who had spend several hundred hours on the case,
rejected Ms. Peabody's bill.
Second Correct Option:
Because Ms. Peabody had spent several hundred hours on the case, Ms.
McCormick rejected her bill.
Incorrect: Having tried hundreds of cases, the client had great confidence
in her attorney.
First Correct Option:
The client, who had tried hundreds of cases, had great confidence in her
attorney.
Second Correct Option:
The client had great confidence in her attorney, who had tried hundreds of
cases.
Nominalizations and Adjectivizations

1. Avoid nominalizations and adjectivizations. A nominalization is a verb that has
been turned into a noun. An adjectivization is a verb that has been turned into an
adjective. The most common reason writers do this is that they think it is more
appropriate to formal writing. It is not. In legal writing, readers most appreciate
clarity, conciseness, and strong writing. A writer who consistently uses strong
verbs has taken a large step toward strong writing. As you can see in the
examples below, avoiding nominalizations and adjectivizations serves these
goals.
Incorrect Nominalization:
Defense counsel made an objection to the prosecution's question.
Correct Use of a Strong Verb:
Defense counsel objected to the prosecution's question.
Incorrect Adjectivization:
The judge was dismissive of counsel's arguments.
Correct Use of Strong Verb:

The judge dismissed counsel's arguments.
Parallelism
1. Use parallel structure when expressing a list.
Incorrect: The suspect had a scar on the right side of his face, a birthmark
on his forehead, and was sporting a new beard.
Correct: The suspect had a scar on the right side of his face, a birthmark
on his forehead, and a new beard.
2. Connect all parallel terms in a list with one conjunction and separate the list
from the next clause with an additional conjunction.
Incorrect: The suspect had a scar on the right side of his face, a birthmark
on his forehead, and ran toward the south when he heard the police siren.
Correct: The suspect had a scar on the right side of his face and a
birthmark on his forehead, and ran toward the south when he heard the
police siren.
3. Use parallel verb tenses when one subject has multiple predicates.
Incorrect: The judge threw the gavel, yelled at the lawyer, and was
overruling the objection for the twelfth time that day.
Correct: The judge threw the gavel, yelled at the lawyer, and overruled the
objection for the twelfth time that day.
Incorrect: I like cross examining witnesses in trials and to argue appeals as

well.
Correct: I like cross examining witnesses in trials and arguing appeals as

well.
4. Use parallel structure when a sentence has multiple subjects.
Incorrect: The lawyer produced the gun, the judge accepted it into
evidence, and it was removed from the courtroom by the bailiff.
Correct: The lawyer produced the gun, the judge accepted it into evidence,
and the bailiff removed it from the courtroom.
Passive Voice
Active voice is distinguished from passive voice by the identity of the actor. As a
general rule, active voice is preferred because it meets two of the most important
requirements of legal writing: clarity and conciseness. Active voice is clearer
because it focuses the reader's attention on the "doer of the action"; it is also
more concise simply because it usually involves fewer words.
While any single use of the passive voice is not technically incorrect, the
repeated use of passive voice produces a sluggish, ponderous text. However,
there are a limited number of situations -- explained below -- where using passive
voice is preferable. The good writer will actively seek to avoid the passive voice
unless presented with a strong justification for its use.
1. As a general rule, use active subject-verb formulations.
Undesirable:
A mistake was made by the lawyer, and a mistrial was declared by the
judge.
Better: The lawyer made a mistake, and the judge declared a mistrial.
Undesirable:
The heinous murders were committed by the defendant.
Better: The defendant committed the heinous murders.
2. Use passive voice when intentionally trying to hide the identity of the actor. In
the following example, the writer (defense counsel) prefers not to use the active
voice in order to avoid focusing attention on the identity of the actor.
Acceptable:
The body was removed from the crime scene.
3. Use passive voice if it produces greater emphasis on the main point of the
sentence.
If use of the active voice diminishes the point of the sentence, one may use
passive voice instead. In the following example, the writer achieves a greater
emphasis on poor people -- rather than the legislature -- by using the passive
voice.
Undesirable:
The legislature should not crucify the poor on the cross of a balanced
budget.
Better: The poor should not be crucified on the cross of a balanced budget.
4. You may use passive voice with a multi-part subject. If the subject of the
sentence is so long or complex that the reader will be long delayed in reaching
the verb, then the writer may choose to place the verb before the subject. Either
of the approaches below may be acceptable for a given audience. For example,
a professional audience is less likely than a lay audience to be confused by the
delay in reaching the verb.
Acceptable Active Formulation:
The committee reports, the floor debates, the presidential statement, and
the administrative agency's interpretive guidance mandate the statutory
interpretation we have chosen.
Acceptable Passi
Periods
1. Periods should be placed inside quotation marks. Periods always go inside
quotation marks, even if they did not appear in the original quote. The same rule
applies to commas; however, all other punctuation belongs outside the quotation
mark, unless it appeared in the original quotation.
Incorrect: The judge did not believe the prosecutor's claim that the
evidence was seized in "exigent circumstances".
Correct: The judge did not believe the prosecutor's claim that the evidence
was seized in "exigent circumstances."
2. If a period follows the end of a sentence, place two spaces after the period
and before the next character. This rule applies as well to citation sentences: at
the end of a full citation sentence, place a period followed by two spaces.
However, if a period ends an abbreviation not at the end of a sentence, place
one space after it. And if the period is in the middle of a single abbreviation, place
no space after it. All four of these rules are illustrated in the following examples.
Incorrect (seven errors):
Justice White's legacy is uncertain. His jurisprudence defies simple labels.

Compare City of Richmond v. J. A. Crosson, 488 U. S. 469 (1989) with
University of California Regents v. Bakke, 438 U. S. 265 (1978). His
decisions often seem unreconcilable.
Correct:
Justice White's legacy is uncertain. His jurisprudence defies simple labels.

Compare City of Richmond v. J.A. Crosson, 488 U.S. 469 (1989) with
University of California Regents v. Bakke, 438 U.S. 265 (1978). His
decisions often seem unreconcilable.
3. Place periods outside parentheticals if they are at the end of a sentence but
within parentheticals if they follow a sentence, standing alone.
Incorrect: At her deposition, Jones stated that she had worked for the
defendant corporation for twelve years (R. 94.).
Correct: At her deposition, Jones stated that she had worked for the
defendant corporation for twelve years (R. 94).
Also Correct:
At her deposition, Jones stated that she had worked for the defendant
corporation for twelve years. (R. 94.)
Incorrect: The court appointed counsel for the defendant. (She was
indigent).
Correct: The court appointed counsel for the defendant. (She was indigent.)
Possessives
When a student submits written work to a professor or to a law firm, no mistake
will stand out more or create a more negative impression of that student's work
than the mistaken use -- or nonuse -- of apostrophes. It is therefore critical that
you master these simple, yet often-confused, rules for creating possessives. In
any case, the threshold inquiry is whether the noun "owns" something: if it does,
a possessive form is required.
1. In singular possessive terms, place the apostrophe before the "s." This will
indicate ownership by one person or thing. For example:
Incorrect: The schools collection included an original set of Blackstone's

Commentaries.
Incorrect: The schools' collection included an original set of Blackstone's

Commentaries.
Correct: The school's collection included an original set of Blackstone's

Commentaries.
2. In plural possessive terms, place the apostrophe after the "s." This will
indicate to the reader that more than one person or thing owns the thing
possessed.
Incorrect: The students success was largely attributable to their hard work
and dedication.
Incorrect: The student's success was largely attributable to their hard work
and dedication.
Correct: The students' success was largely attributable to their hard work
and dedication.
3. How to distinguish "its" and "it's."
"Its" is a possessive, as in the sentence, "The truck lost its muffler as it entered
the pothole-laden Kennedy Expressway." This is the rare case in which a
possessive term does not take an apostrophe.
"It's" is the contraction of "it is," as in the sentence, "It's best not to question the
judge's knowledge of the laws of evidence in open court." In formal writing,
however, one generally should not use contractions. Thus, the better formulation
of the sentence above would be: "It is best not to question the judge's knowledge
of the laws of evidence in open court."
"Its'" is not a word and is a logical impossibility. The word "it" is a singular
pronoun. It therefore has no plural possessive form at all. As noted above, the
singular possessive form of "it" is "its."
4. A less-often faced decision involves the use of apostrophes where multiple
owners are named. Where two or more people own one item together, place an
apostrophe before an "s" only after the second-named person. For example:
Incorrect: Bill's and Mary's car was a lemon, leading them to seek
rescission of their contract under the state's lemon law.
Correct: Bill and Mary's car was a lemon, leading them to seek rescission
of their contract under the state's lemon law.
However, when two or more people own two or more items separately, each
individual's name should take the possessive form. For example:
Incorrect: Joanne and Todd's cars were bought from the same dealer; both
domestic model.
Correct: Joanne's and Todd's cars were bought from the same dealer; both
domestic model.
5. If a singular noun ends in an "s," use "'s" to create the possessive form only if
the noun ends in a "s" sound. However, if the noun ends in a "z" sound, use just
an apostrophe without adding an additional "s." This produces a more
pronounceable possessive.
Correct: The car in question was Roger Weiss's red convertible.
Also Correct:
I was a student in Professor Abrams' Torts class.
6. If a plural noun ends in an "s," it is preferable to use only an apostrophe -- and

not an additional "s" -- to create the possessive. Of the three formulations
presented below, the first most clearly and concisely indicates a plural
possessive.
Correct: The car in question was the Weisses' red convertible.
Less Desirable:
The car in question was the Weiss's red convertible.

Also Undesirable:
The car in question was the Weisses's red convertible.
7. Do not use an apostrophe to create the possessive of the pronouns his, hers,
theirs, yours, ours, or its.
Incorrect: The responsibility for the bills was yours' and her's.
Correct: The responsibility for the bills was yours and hers.
8. Nonpossessive plural words do not require the use of an apostrophe. For

example:
Incorrect: The lawyer's could generally be found after hours at the Hanover
Street Bar and Grill. (The apostrophe here incorrectly indicates a singular
possessive.)
Incorrect: The lawyers' could generally be found after hours at the Hanover
Street Bar and Grill. (The apostrophe here incorrectly indicates a plural
possessive.)
Correct: The lawyers could generally be found after hours at the Hanover
Street Bar and Grill. (The lack of an apostrophe here correctly indicates a
plural, nonpossessive term.)
Cross Reference: Apostrophes
Pronouns
There are several categories of pronouns, but they all replace nouns in a sentence. The
following lists include the most commonly used pronouns.
Personal Possessive Relative Reflexive

I His Who Myself
Me Hers Whose Yourself
He Its That Himself
She Yours Which Herself
It Ours Whoever Ourselves
Him Theirs Whichever Themselves
Her Whatever
You
We
They
Them
1. Use the pronoun "who" as a subject. When choosing between "who" and
"whom," ask yourself if there is a verb to which the pronoun attaches that
requires a subject. If it does, use "who" rather than "whom." "Whom" is an object
and can not be a subject. "Who," on the other hand, can be a subject, but not an
object.
Incorrect: Johnson is the plaintiff whom initiated the class action.
Correct: Johnson is the plaintiff who initiated the class action.
In the preceding example, the verb "initiated" requires a subject; thus, the use of
"who" is mandated. "Johnson" can not be the subject of "initiated" because it is
the subject of the verb "is." "Plaintiff" also can not be the subject of "initiated"
because it is the object of the verb "is."
2. Use the pronoun "whom" as the object of a preposition. Commonly used

prepositions include the words "at," "by," "for," "in," "of," "to," and "with."
Incorrect: To who should this letter be addressed?
Correct: To whom should this letter be addressed?
Incorrect: With who did you attend the concert last night?
Correct: With whom did you attend the concert last night?
Incorrect: For who did you write this speech?
Correct: For whom did you write this speech?
3. Do not use the pronouns "they" or "their" when referring to a collective noun
or an indefinite pronoun. Collective nouns include the terms "all," "everyone," and
"everybody." They are collective because they refer to groups of people.
Indefinite pronouns such as "each" and "someone," like collective nouns, do not
indicate a specific gender. Do not substitute the pronoun "they" for a collective
noun or an indefinite pronoun. Instead, try to avoid the need for the pronoun if
possible. One way to avoid the pronoun problem is to substitute the word "the" or
"a." Use "he or she" or "his or her" as an alternative only if absolutely necessary;
this option almost always can be avoided by rewriting the sentence. (See the
section of this guide on gender-neutral language for more advice.)
Incorrect: Everyone will be required to submit their memorandum at 9:00

a.m.
Better: Everyone will be required to submit his or her memorandum at 9:00

a.m.
Best: Everyone will be required to submit the memorandum at 9:00 a.m.
Incorrect: Each person should provide me with a copy of their schedule.
Better: Each person should provide me with a copy of his or her schedule.
Best: Each person should provide me with a copy of a personal schedule.
Incorrect: A lawyer is the guardian of civil liberties. They protect the rights
of those in the citizenry who are unable to protect their own rights.
Awkward: A lawyer is the guardian of civil liberties. He or she protects the

rights of those in the citizenry who are unable to protect their own rights.
Best: Lawyers are the guardian of civil liberties. They protect the rights of
those in the citizenry who are unable to protect their own rights.
Cross Reference: Gender Neutral Language
4. When a first-person pronoun replaces a subject, use "I." When it replaces an

object, use "me."
Incorrect: It is me.
Correct: It is I.
Explanation: "I" is the subject of the verb "is." Use "I" as a subject and "me" as an
object.
Incorrect: The judge threw the gavel at I after the twelfth consecutive
objection.
Correct: The judge threw the gavel at me after the twelfth consecutive
objection.
Explanation: When you are uncertain about using "I" or "me," you may want to
ask yourself which word you would choose if writing in
the third person. For example, it is easy to conclude that "the judge threw the
gavel at her" is correct, while "at she" would be incorrect. Since the pronouns
"me," "him," and "her" all are used as objects, you know to use "me" in the first
person whenever "him" or "her" would be appropriate in the third person.
5. When a third-person pronoun replaces a subject, use "he" or "she." When it

replaces an object, use "him" or "her."
Incorrect: The person I saw stealing the watch was her.
Correct: The person I saw stealing the watch was she.
Explanation: "She" is the subject linked to the verb "was." Without the term "she,"
there is no subject for that verb, since "I" is the subject of "saw" and "person" is
the subject of "stealing." One way to prove that "she" is the correct choice is to
change the order of words in the sentence without using any different words:
"She was the person I saw stealing the watch." Since "she" is correct in that
format, it is also correct in the example above.
Incorrect: The lunch was prepared for James, Jennifer, Jocelyn, and he.
Correct: The lunch was prepared for James, Jennifer, Jocelyn, and him.
Explanation: "Him" is the object of the preposition "for." The only predicate in the
sentence, "was prepared," already has a subject, "the lunch." There are no verbs
floating in this sentence without subjects. Therefore, we know that "him" is
correct.
6. Do not use reflexive pronouns to replace personal pronouns. Reflexive

pronouns are used to refer to a previously stated subject, as in the sentence,
"The criminal punished herself." Unless you are referring back to the same
subject, do not use reflexive pronouns, which are listed in the introduction to this
section on pronouns.
Incorrect: The Torts outline was prepared by Ginny Hart and myself.
Correct: The Torts outline was prepared by Ginny Hart and me.
Quotation Incorporation
New law students face many complications when incorporating quotations from
other sources into their own work. These fall into three general categories:
creating a grammatically correct sentence that includes the quoted material;
using brackets properly; and using ellipses properly. In addition, new law
students (and many practicing lawyers) tend to quote far too often. This guide
has separate sections on using brackets, ellipses, and quotation marks. Be sure
to review those sections carefully because mastery of the rules there does not
come naturally to most legal writers. This section focuses on creating proper
sentences when incorporating quotations, on certain technical rules for quoting,
and on avoiding quotations when possible.
1. Be careful to avoid quoting excessively; paraphrase whenever possible. New

law students sometimes believe, incorrectly, that they should always quote a
judge's words. After all, the thinking goes, the judge must know the best way to
express the law. However, excessive quotation is a poor substitute for analysis.
Your job as a lawyer is to analyze precedent, not just repeat it. Thus, your writing
should explain to your reader why and how a precedent is important to your
client. You can not accomplish that important interpretive function merely by
stringing quotes together. Moreover, stringing together quotations from cases
and secondary sources tends to produce a choppy, incoherent text. It is generally
better to use your own words so that the text you write will have a logical
progression and consistent style from sentence to sentence.
A paraphrase is the expression of another's ideas in one's own words. You may
paraphrase existing material as long as you provide a proper citation after the
paraphrase. You should not put quotation marks around paraphrased material.
The citation indicates that the ideas are from another source; the lack of
quotation marks indicates that the words chosen to express those ideas are your
own. Well-paraphrased material will change the majority of the key words from
the original source. If your paraphrase retains words of special significance from
the original source, put quotation marks around those words only.
Undesirable series of quotations:
"The question in every case is whether the words used are used in such
circumstances and are of such a nature as to create a clear and present
danger that they will bring about the substantive evils that Congress has a
right to prevent." Schenck v. United States, 249 U.S. 47, 52 (1919). "One
may not counsel or advise others to violate the law as it stands. Words are
not only the keys of persuasion, but the triggers of action, and those which
have no purport but to counsel the violation of law cannot by any latitude
of interpretation be a part of that public opinion which is the final source of
government in a democratic state." Masses Publishing Co. v. Patten, 244 F.
535, 545 (S.D.N.Y. 1917)(Hand, J.).
Desirable paraphrase/summary with only key words quoted:
Congress may regulate speech if that speech would "create a clear and
present danger" of a specific harm against which Congress may legislate.
Schenck v. United States, 249 U.S. 47, 52 (1919). Thus, it is illegal to
encourage others to commit crimes, and the fact that "speech" is involved
does not render Congress powerless. The public debate that the Framers
sought to encourage in enacting the First Amendment does not include
conspiracies to break the law. Masses Publishing Co. v. Patten, 244 F. 535,
___ (S.D.N.Y. 1917)(Hand, J.).
Explanation: The second example is more desirable because it makes the

substantive point with many fewer words. In addition, an excessive reliance on
quotations from older sources may produce a text that seems archaic.
2. If you do quote, avoid freestanding quotations. As a general rule, it is better

when quoting to incorporate that quotation into a sentence of your own, rather
than quoting an entire sentence from a case. Consider the following.
Awkward, Freestanding Quote:
"A racial classification, regardless of purported motivation, is

presumptively invalid and can be upheld only upon an extraordinary
justification." Personnel Administrator of Massachusetts v. Feeney, 442
U.S. 256, 272 (1979).
Better Combination of Paraphrasing and Quoting:
Legislation that distinguishes among citizens on the basis of their race "is
presumptively invalid and can be upheld only upon an extraordinary
justification." Personnel Administrator of Massachusetts v. Feeney, 442
U.S. 256, 272 (1979).
The second example is preferable because the writer is writing specifically about
racial classifications contained in legislation, and thus tailored the sentence to
address a specific type of classification. Leaving the freestanding quotation on its
own does not accomplish that end.
3. Do quote words of special significance or particular eloquence. From time to

time, one comes across a phrase or sentence so well written that to paraphrase it
would be almost criminal. Other phrases may have become part of the lore of
legal writing, and to the knowledgeable reader a paraphrase would seem silly.
These phrases are rare, but when you find them, feel free to quote them. They
can be particularly effective in a memorandum or brief prepared for a court.
Sometimes, one would lose the effectiveness of the quote unless it is left
freestanding. In that case, one should disregard the general rule against
freestanding quotations. The following are a few examples.
"But in view of the constitution, in the eye of the law, there is in this
country no superior, dominant, ruling class of citizens. There is no caste
here. Our constitution is color-blind . . . ." Plessy v. Ferguson, 163 U.S. 537,
559 (1896)(Harlan, J., dissenting).
"It is revolting to have no better reason for a rule of law than that so it was
laid down in the time of Henry IV. It is still more revolting if the grounds
upon which it was laid down have vanished long since, and the rule simply
persists from blind imitation of the past." Oliver Wendell Holmes, Jr., The
Path of the Law, 10 Harv. L. Rev. 457, 469 (1897), quoted in Bowers v.
Hardwick, 478 U.S. 186, 199 (1986)(Blackmun, J., dissenting).
"The makers of our Constitution . . . conferred, as against the government,

the right to be let alone -- the most comprehensive of rights and the right
most valued by civilized men. To protect that right, every unjustifiable
intrusion by the government upon the privacy of the individual, whatever
the means employed, must be deemed a violation of the Fourth
Amendment." Olmstead v. United States, 277 U.S. 438, 478 (1928)(Brandeis,
J., dissenting).
It is not surprising that the authors of these famous words are Justices Harlan,
Holmes, and Brandeis. Along with Justice Cardozo, Chief Justice Marshall, and
perhaps a few others, they are considered the legends of American legal history.
In persuasive writing, it never hurts to quote a legend.
4. Do not use quotation marks around terms of art. A term of art is a phrase that
has become so well accepted and pervasive in a particular field that it is no
longer considered proprietary to its original author. These terms also have
meanings well known to everyone who practices in the fields in which they are
used. You need not place quotation marks around a term of art, nor do you need
to cite to a source, although you may want to provide a cite in order to strengthen
the point you are asserting. The following are a few examples.
Beyond a reasonable doubt

Burden of proof
Case of first impression
Clear and convincing evidence
Due process of law
Reasonably prudent person
Right of first refusal
You will find further guidance on the use of terms of art in the section of this
guide on Legalese.
5. Try to avoid using block quotes of 50 words or longer. Many readers skip over
block quotes because they are looking for explanations of the law, rather than
mere reprinting. Don't use block quotes unless (i) there is simply no other way to
write what you intend to convey (extremely rare) or (ii) the words are so eloquent
that to paraphrase them would seriously undermine the persuasiveness of your
text.
6. If you must use block quotes, be sure to indent and single space. Quotations
of 50 words or longer should be indented at both the left and right margins by
approximately one-half inch in each case. They should be typed in single-space
format, and the citation for the quote should be placed two lines down from the
end of the quote and at the original left margin. Do not place quotation marks
around such a quote: the reader will know it is a quote because you have
indented it. However, if there are quotations within the blocked quote, then do
use citations around these internal quotations. The following is an example of a
properly blocked quotation of 50 words or more.
Allowing discrimination based on the contagious effects of a physical

impairment would be inconsistent with the basic purpose of Sec. 504,
which is to ensure that handicapped individuals are not denied jobs or
other benefits because of the prejudiced attitudes or the ignorance of
others. By amending the definition of "handicapped individual" to include
not only those who are actually physically impaired, but also those who are
regarded as impaired and who, as a result, are substantially limited in a
major life activity, Congress acknowledged that Society's accumulated
myths and fears about disability and disease are as handicapping as are
the physical limitations that flow from actual impairment.
School Board of Nassau County v. Arline, 480 U.S. 273, 284 (1987).
Note that Justice Brennan used the abbreviation "Sec." in the opinion excerpted
above. Justice Brennan is considered among the great justices of the century;
here, however, he should have spelled out the word "section." (See the section of
this text on abbreviations.)
7. Use a comma after "said," "stated," "exclaimed," and similar terms when
introducing a quote; in other cases, add the word "that" and use no comma. It is
sometimes difficult, such as with the word "held" in the second example below, to
determine whether it is acceptable to use an introductory term with a comma
(such as "said,") instead of an introductory term with the word "that" (such as
"wrote that"). When in doubt, use the latter option (held that, wrote that, found
that, concluded that). This is the more widely accepted option.
Incorrect: The Supreme Court stated "A function of free speech under our
system of government is to invite dispute. It may indeed best serve its high
purpose when it induces a condition of unrest, creates dissatisfaction with
conditions as they are, or even stirs people to anger." Terminello v.
Chicago, 337 U.S. 1, 4 (1949).
Correct: The Supreme Court stated, "A function of free speech under our
Chicago, 337 U.S. 1, 4 (1949).
Also Correct:
The Supreme Court stated that "[a] function of free speech under our
Chicago, 337 U.S. 1, 4 (1949).
Incorrect: The Supreme Court held, "A function of free speech under our
Chicago, 337 U.S. 1, 4 (1949).
Correct: The Supreme Court held that "[a] function of free speech under
our system of government is to invite dispute. It may indeed best serve its
high purpose when it induces a condition of unrest, creates dissatisfaction
with conditions as they are, or even stirs people to anger." Terminello v.
Chicago, 337 U.S. 1, 4 (1949).
Note that in examples three and five above, brackets are appended around the
article "a." This is because to use an upper-case letter there -- in the middle of a
sentence -- would be inappropriate. Your sentence, even if it includes a quotation
within it, must still meet all the rules of a traditional sentence. The brackets
indicate to the reader that you have changed an upper-case "A" to the lower
case.
8. When you incorporate quoted material into your own sentence, make sure the
result is a grammatically correct sentence. When you add another's words to
your own to create a sentence, the combined product must be grammatically
correct. In determining whether the sentence is grammatically correct,
momentarily ignore the quotation marks and ask yourself whether, if all the words
were your own, the sentence would be correct. If not, you need either to rewrite
the portion of the sentence you created or drop the quoted material and use a
paraphrase.
9. Avoid introducing quotations with a colon. The use of a colon to introduce a

quotation is appropriate only when the words that follow the colon are truly
momentous. Instead, try to incorporate part of the quote into a sentence of your
own. (See item two of this section.)
Quotation Marks
1. Place commas and periods inside, not outside, quotation marks. Place all
other punctuation outside quotation marks unless it was contained in the original
source. Follow this practice whether or not the comma is part of the original
quotation. The general rule is that commas and periods should be inside the
quotation marks at all times, while all other forms of punctuation, such as
question marks, colons, semicolons, and exclamation points, should be outside
the quotation marks, unless they were contained in the original quotation.
Incorrect: The court held that "physical injury is not a required element of a
sexual harassment claim", and the plaintiff went on to win her case.
Correct: The court held that "physical injury is not a required element of a
sexual harassment claim," and the plaintiff went on to win her case.
Incorrect: As Socrates asked Phaedrus, " [A]re you and I expected to praise
the sentiments of the author, or only the clearness, and roundness, and
accuracy and tournure of the language"?
Correct: As Socrates asked Phaedrus, " [A]re you and I expected to praise
the sentiments of the author, or only the clearness, and roundness, and
accuracy and tournure of the language?"
Plato, Phaedrus, reprinted in On Homosexuality: Lysis, Phaedrus, and

Symposium 51 (Benjamin Jowett trans. 1991).
Incorrect: How dare you call me a "bad apple!"

Correct: How dare you call me a "bad apple"!
Explanation: In the second set of examples, the question mark is part of the
original quotation from Phaedrus and should therefore be placed inside the
quotation marks. However, in the third set of examples, the exclamation point is
supplied by the writer and is therefore properly placed outside the quotation
marks.
2. Use single quotation marks if one quote appears inside a longer quote. The
use of single quotation marks around an internal quotation enables the reader to
easily distinguish the internal quote from the material surrounding it. As such,
single marks also allow the reader to determine from which source the internally
quoted material was drawn.
Incorrect: "The rationale of the qualified privilege developed by the Court ...
invoked the authority of Justice Murphy's Chaplinsky dictum: the
calculated falsehood, "the lie, knowingly and deliberately published about a
public official," is simply beyond the constitutional pale." Laurence H.
Tribe, Constitutional Law 870 (2d ed. 1988)(quoting Garrison v. Louisiana,
379 U.S. 64, 75 (1964)).
Correct: "The rationale of the qualified privilege developed by the Court ...
invoked the authority of Justice Murphy's Chaplinsky dictum: the
calculated falsehood, 'the lie, knowingly and deliberately published about a
public official,' is simply beyond the constitutional pale." Laurence H.
Tribe, Constitutional Law 870 (2d ed. 1988)(quoting Garrison v. Louisiana,
379 U.S. 64, 75 (1964)).
3. Use both double and single quotation marks when an entire quote from
another source has been repeated in the source you are citing. However, you
can avoid this situation by citing only the original source, provided that (i) this
would be an effective use of authority and (ii) you have read the original source
yourself.
Incorrect: The utterance of an expletive amounted to ""an imminent

threat ... to the administration of justice."" Eaton v. City of Tulsa, 415 U.S.
697, 698 (1974)(per curiam)(quoting Craig v. Harney, 331 U.S. 367, 376
(1947)).
Correct: The utterance of an expletive amounted to "'an imminent threat ...

to the administration of justice.'" Eaton v. City of Tulsa, 415 U.S. 697, 698
(1974)(per curiam)(quoting Craig v. Harney, 331 U.S. 367, 376 (1947)).
Also correct if one has read the original source:

The utterance of an expletive amounted to "an imminent threat ... to the
administration of justice." Craig v. Harney, 331 U.S. 367, 376 (1947)).
In choosing which of the two correct forms to use, the writer must ask, "Which of
these cases is the most important piece of authority?" If Eaton is the answer, use
the first correct formulation. If Craig is the answer, use the second correct
formulation. In order to make that determination, you must read both cases.
Cross References: Quotation Incorporation, Brackets, Ellipses
Semicolons
1. Use a semicolon, not a comma, to join two independent clauses separated by
a conjunctive adverb (such as however). The conjunctive adverbs include
accordingly, consequently, hence, however, moreover, otherwise, therefore, and
thus.
Incorrect: I requested an extension of time to file my brief with the Seventh

Circuit, however, the judge denied my motion, citing local rules.
Correct: I requested an extension of time to file my brief with the Seventh

Circuit; however, the judge denied my motion, citing local rules.
Incorrect: The defendant failed to check her rear-view mirror before

changing lanes, therefore she breached a duty owed to the plaintiff.
Correct: The defendant failed to check her rear-view mirror before

changing lanes; therefore, she breached a duty owed to the plaintiff.
2. Use a comma, not a semicolon, to join two independent clauses separated by

a conjunction (such as "and" and "but").
Incorrect: The appellate court disagreed with the decision of the trial court;
but the court refused to remand the case for a new trial, relying on the
harmless-error rule.
Also Incorrect:
The appellate court disagreed with the decision of the trial court but the
court refused to remand the case for a new trial, relying on the harmless-
error rule.
Correct: The appellate court disagreed with the decision of the trial court,
but the court refused to remand the case for a new trial, relying on the
harmless-error rule.
3. Use commas to separate items in a list unless the list is so complicated that
semicolons are required for clarity.
Incorrect: The first-year curriculum included courses in Torts; Contracts;

Criminal Law; Legal Writing; and Justice.
Correct: The first-year curriculum included courses in Torts, Contracts,

Criminal Law, Legal Writing, and Justice.
Also Correct:
The first-year curriculum included courses in Torts, which covers personal-

injury litigation; Contracts, which covers the creation and enforcement of
private agreements; Criminal Law, which provides an introduction to the
theory of criminal law and specified crimes; Legal Writing, which provides
training in the basic skills needed to succeed in the practice of law; and
Justice, which presents an introduction to the schools of legal thought and
the theoretical foundations of our legal system.
Sentence Structure
There are three basic kinds of sentences: simple, compound, and complex. They
are formed by using one or more independent and dependent clauses and
phrases. An independent clause can stand alone as a sentence, while a
dependent clause or a phrase can not. A phrase is distinguished from a
dependent clause by its lack of a necessary subject. The phrase "sentence
fragment" is often appended to a student's work when a professor sees a
dependent clause or phrase standing on its own.
If you understand the difference between a dependent clause and an

independent clause, you will be able to write proper sentences. You also will be
able to form proper compound sentences (which consist of two or more
independent clauses) and complex sentences (which consist of one or more
dependent clauses and at least one independent clause).
1. Do not leave dependent clauses or phrases standing alone; these are

sentence fragments, not sentences. Sentence fragments often contain a verb
with no subject (creating a dependent clause or a phrase). A writer who makes
this error will invite the ridicule of more experienced writers. The best way to
avoid the problem is to be certain that every sentence has at least one subject
linked to each verb. You also can avoid the problem by attaching the fragment to
an independent clause with a conjunction, a comma, or both. Be careful,
however, not to attach two independent clauses with a comma. This error, known
as a comma splice, is discussed in rule 2.
Incorrect Use of Phrase:
The appellate court ruled for the plaintiff. Affirming the judgment of the trial
court.
Solution #1:
The appellate court ruled for the plaintiff. It affirmed the judgment of the
trial court.
Explanation: In the incorrect example above, the sentence fragment is created

because there is no subject linked to the verb "affirming." This problem can be
solved by providing a subject. In the corrected version, the pronoun "it," referring
to the appellate court, is the subject of the verb "affirmed."
Solution #2:
The appellate court ruled for the plaintiff, affirming the judgment of the trial
court.
Explanation: By placing a comma before affirming, the writer links the phrase to
the independent clause on which it relies for its context.
Solution #3:
The appellate court ruled for the plaintiff and affirmed the judgment of the
trial court.
Explanation: By placing the conjunction "and" before the phrase, the writer links
the dependent clause to the independent clause on which it relies for its context.
Incorrect Use of Dependent Clause:
The counsel for the defendant was called to the judge's chambers. Because
he had failed to file the complaint within the time provided in the statute of
limitations.
Solution #1:
The counsel for the defendant was called to the judge's chambers because
he had failed to file the complaint within the time provided in the statute of
limitations.
Solution #2:
The counsel for the defendant was called to the judge's chambers. He had
failed to file the complaint within the time provided in the statute of
limitations.
2. Do not link two independent clauses with a comma. This error, known as a
comma splice, can easily be avoided. Instead of using a comma to connect two
independent clauses, either use a period to create two sentences, a conjunction
to link the two clauses in one sentence, or (if the independent clauses are closely
related) a semicolon to link the two clauses in one sentence.
Incorrect: The appellate court found that the constitutional prohibition

against warrantless searches had been violated, it therefore remanded the
case for a new trial.
Solution #1:
The appellate court found that the constitutional prohibition against

warrantless searches had been violated. It therefore remanded the case for
a new trial.
Explanation: Because the second independent clause can stand alone as a

sentence, the writer can avoid the comma splice by replacing the comma with a
period and capitalizing the word "It."
Solution #2:

warrantless searches had been violated, and it therefore remanded the
case for a new trial.
Explanation: A conjunction such as "and" or "but" can be used to link two

independent clauses; however, be sure to place a comma before a conjunction
that introduces an independent clause.
Solution #3:

warrantless searches had been violated; it therefore remanded the case for
a new trial.
Explanation: When two independent clauses are closely related in substance,
one can link them with a semicolon.
3. Use strong subject-verb formulations. Good writers provide their readers with
strong subject-verb formulations early in their sentences. The result is forceful
writing that quickly gets to the point. Avoid beginning your sentences with
phrases such as "there is" and "it is" in place of subject-verb formulations.
Undesirable:
There is disagreement about the best approach to negligence law.
Better: Scholars disagree about the best approach to negligence law.
Undesirable:
It is a different argument than the one the court adopted.
Better: The argument is different than the one the court adopted.
Cross Reference: Dependent Clauses and Phrases
Spacing
1. Always place two spaces -- no more, no less -- after a period or other
punctuation ending a sentence. This rule should be applied in all instances,
including those where a citation follows the period.
Incorrect: The reasonable person would not simply leave a ditch uncovered
in an unfenced yard! Instead, such a person would fence in either the yard
or the ditch.
Correct: The reasonable person would not simply leave a ditch uncovered
in an unfenced yard! Instead, such a person would fence in either the yard
or the ditch.
Incorrect: The Supreme Court has written that the state may place
restrictions on the right of a woman to have an abortion after the fetus has
reached the point of viability outside the mother's womb. Roe v. Wade, 410
U.S. 113, 163 (1973).
Correct: The Supreme Court has written that the state may place
U.S. 113, 163 (1973).
2. Place two spaces after a period even if the period is at the end of a citation
sentence.
Incorrect: The Supreme Court has written that the state may place
U.S. 113, 163 (1973). The question of when viability occurs has caused
great controversy.
Correct: The Supreme Court has written that the state may place
U.S. 113, 163 (1973). The question of when viability occurs has caused
great controversy.
3. Place one space after a comma, a semicolon, and other forms of punctuation
falling within a sentence.
Incorrect: The ruling, which infuriated advocates of a free press, was based
upon the clear-and-present-danger test.
Correct: The ruling, which infuriated advocates of a free press, was based
upon the clear-and-present-danger test.
Incorrect: The court dismissed the plaintiffs' Eighth Amendment claim;

however, it allowed the First Amendment claim to go to trial.
Correct: The court dismissed the plaintiffs' Eighth Amendment claim;

however, it allowed the First Amendment claim to go to trial.
4. In typing or word processing, a dash is formed by placing one space before

and one space after two consecutive hyphens.
Incorrect: The judge knew the defendant--he had been her third husband--
and she therefore recused herself.
Correct: The judge knew the defendant -- he had been her third husband --
and she therefore recused herself.
Subject Verb Agreement
Be sure to use singular verbs with singular nouns, even if the noun is collective.
Incorrect: The team of Americans were the best in the tournament.
Correct: The team of Americans was the best in the tournament.
Also Correct:
The Americans were the best in the tournament.
Incorrect: The collection of documents from the revolution were stolen.
Correct: The collection of documents from the revolution was stolen.
Also Correct:
The documents from the revolution were stolen.
Explanation: The subjects "team" and "collection" are singular because there is
only one "team of Americans" and one "collection of documents" in each
sentence. Although these are collective nouns, in that they represent a group,
they nonetheless take singular verbs in American English usage.
That Versus Which

The traditional approach to this question is to use "that" with restrictive clauses
and "which" with nonrestrictive clauses. While some writers seem to have
abandoned the distinction entirely, no better rule has come along to replace the
traditional rule. Moreover, the rule is easy to master.
1. Use "that" with restrictive clauses. A restrictive clause is one that limits -- or
restricts --the identity of the subject in some way. When writing a restrictive
clause, introduce it with the word "that" and no comma. (However, if the subject
is or was a human being, use "who" to introduce the clause.)
The painting that was hanging in the foyer was stolen.

Explanation: The use of "that" in this sentence is correct if the reader intends to
single out the one painting that was in the foyer as the stolen painting. However,
if there were several paintings hanging in the foyer, this use would be incorrect,
since it would mislead the reader into believing that there had been only one
painting in the foyer. The restriction here tells us that the one painting that had
been hanging in the foyer was stolen -- not the painting in the living room, or the
one in the drawing room, or any of those in the parlor.
2. Use "which" with nonrestrictive clauses. A nonrestrictive clause may tell us

something interesting or incidental about a subject, but it does not define that
subject. When writing a nonrestrictive clause, introduce it with "which" and insert
commas around the clause. (However, if the subject is or was a human being,
use "who" to introduce the clause and insert commas around the clause.)
The painting, which was hanging in the foyer, was stolen.
Explanation: While this nonrestrictive use tells us that the painting was hanging in
the foyer, it does not tell us which of the several paintings in the foyer was the
stolen painting. It would be incorrect to use this nonrestrictive clause if there had
been only one painting in the foyer, as the sentence leaves open the possibility
that there were others.
3. Combining Restrictive and Nonrestrictive Clauses. One can provide both

limiting and nonlimiting information about a subject in a single sentence.
Consider the following.
Correct Use of Both Restrictive and Nonrestrictive Clauses:
The Van Gogh that was hanging in the foyer, which we purchased in 1929
for $10,000, was stolen.
Explanation: The restrictive clause beginning with "that" tells us that there was
only one Van Gogh hanging in the foyer and that it was stolen. The nonrestrictive
clause beginning with "which" tells us what the owner had paid for the painting,
but it does not tell us that the owner did not pay another $10,000 for another
painting in the same year. It does not limit the possibilities to the Van Gogh that
was in the foyer.
4. Restrictive and Nonrestrictive Clauses beginning with "Who." When writing

about human beings, we use "who" rather than "that" or "which" to introduce a
clause telling us something about that human being. Since "who" is the only
option, we distinguish between a restrictive use and a nonrestrictive use by the
use of commas.
The suspect in the lineup who has red hair committed the crime.
The suspect in the lineup, who owns a red car, committed the crime.
Cross Reference: Clauses -- Restrictive and Nonrestrictive
Throat Clearing Phrases

New law students often find themselves writing long, introductory phrases at the
beginning of a sentence, as if legal writing required wordiness or a false sense of
importance. These unnecessary phrases often are called "throat-clearing
phrases." Edit them out of your work. Remember that clarity and conciseness are
the two most important goals of legal writing, and that throat-clearing phrases
contribute to neither of these goals. Instead of getting the reader to the point,
they delay the reader's arrival and hide the message.
Undesirable:
It is important to remember that in our legal system the jury must convict
only upon evidence that proves guilt beyond a reasonable doubt.
Better: The jury must convict only upon evidence that proves guilt beyond
a reasonable doubt.
Undesirable:
The Petitioner contends in this Court that Respondent's actions violate the
First Amendment.
Better: The Respondent's actions violate the First Amendment.
Undesirable:
A key aspect of this case, which must not be overlooked, is that the
plaintiff is not a member of the class intended to be protected by this
statute.
Better: The plaintiff is not a member of the class intended to be protected

by this statute.

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Incorrect: Professor Jonas mentioned several cities that have

Correct: Professor Jonas mentioned several cities that have

Correct: The Court announced its decision in the case on October

However: The defendant in the case is R.J. Reynolds Industries, Inc.

4. When referring to a corporate entity that has one or more abbreviations

Incorrect: McDermott International, Incorporated

Correct: McDermott International, Inc.

Cross References: The Bluebook: A Uniform System of Citation § 6 (15th ed.

Incorrect: Our schools collection included an original set of Blackstone's

Incorrect: Our schools' collection included an original set of Blackstone's

Correct: Our school's collection included an original set of Blackstone's

4. How to distinguish "its" and "it's."

5. A less-often faced decision involves the use of apostrophes where multiple

Less Desirable: He was a student in Professor Adams's class.

More Desirable: He was a student in Professor Adams' class.

However: He was a student in Professor Weiss's class.

Cross Reference: Contractions

Incorrect: Police officer moved evidence to avoid disappearance from

Incorrect: Abrams, officer on duty at time of crime, testified against

Incorrect: The judge had an gavel, and he used it frequently.

Correct: The judge had a gavel, and he used it frequently.

Incorrect: The judge had a elephant in her courtroom, though nobody

Correct: The judge had an elephant in her courtroom, though nobody

3. Vowel Sounds and Voiced Consonants. Sometimes a word begins with a

The following is an example of using articles with voiced consonants.

Incorrect: The professor was well known for posing an hypothetical

Incorrect: The professor said that "Frankfurter evolved from liberal to

Correct: The professor said that "Frankfurter evolved from liberal to

2. Use brackets to indicate that you have changed a part of a word in a

The Eighth Amendment provides that "[e]xcessive bail shall not be

Cross Reference: Quotation Incorporation

Clauses - Restrictive and

Correct Restrictive Use:

Correct Nonrestrictive Use:

2. When choosing between "that" and "which," use "that" to introduce a

Correct Restrictive Use:

Correct Nonrestrictive Use:

The store honored the complaints, which were less than 60

These sentences have different meanings as well as different punctuation. In the

3. Place proper punctuation around nonrestrictive clauses, but do not place

Correct Punctuation of Nonrestrictive Clause:

The 1964 Ford Mustang, which propelled Lee Iacocca to the

Correct Punctuation of Nonrestrictive Clause:

The credit card is in my wallet, which you can find in the

The boat that sailed on October 25 is the one to which we

Incorrect: On December 12, 1992, Ms. DeWitt kicked the bucket.

Better: Ms. DeWitt died on December 12, 1992.

Incorrect: The litigation tactics most disliked by the judge are:

3. Do use a colon to introduce a list, or provide an explanation, provided that its

Correct Use to Introduce a List:

Correct Use as an Explanatory Tool:

Cross Reference: Semicolons

1. When you begin a sentence with a phrase or dependent clause to introduce a

Incorrect: After many years as a criminal prosecutor she ascended to the

Correct: After many years as a criminal prosecutor, she ascended to the

Correct Restrictive Use:

Correct Nonrestrictive Use:

3. Use two commas to set off an appositive or an aside in the midst of a

Correct Use with an Appositive:

The police chief, William A. Bendofsky, is an authority on the use of

Correct Use with an Aside: