Diction in Legal Documents — Less is More

On 17 August 2009, in Persuasive Writing, by Peter Smythe

Less is more, in prose as in archi­tec­ture. Donald Hall In com­po­sing, as a gene­ral rule, run your pen through every other word you have writ­ten; you have no idea what vigor it will give your style. Syd­ney Smith John Trim­ble wri­tes that most of us write as if we’re being paid a dime a word […]

Less is more, in prose as in archi­tec­ture. Donald Hall

In com­po­sing, as a gene­ral rule, run your pen through every other word you have writ­ten; you have no idea what vigor it will give your style. Syd­ney Smith

John Trim­ble wri­tes that most of us write as if we’re being paid a dime a word (that’s espe­cially true for law­yers) when, in fact, a ski­lled wri­ter should write as if he were paid a dime for every word that he dele­tes. Prose, he says, should be con­cise with every word of every sen­tence wor­king at maxi­mum efficiency.

This week an oppo­sing law­yer trans­mit­ted a lengthy sett­le­ment agree­ment that con­tai­ned the follo­wing paragraph:

Within ten (10) days of the Effec­tive Date, the Par­ties shall file or cause to be filed an Agreed Motion to Dis­miss all Par­ties’ Claims and sub­mit a pro­po­sed Agreed Order of Dis­mis­sal regar­ding same and, rea­so­nably promptly the­reaf­ter, obtain an Agreed Order of Dis­mis­sal dis­mis­sing all claims asser­ted by all of the Par­ties with pre­ju­dice to the refi­ling of the same, with costs to be taxed against the Party incu­rring same.

Here’s my revision:

The Par­ties, within ten days of the Effec­tive Date, shall file an Agreed Motion to Dis­miss All Par­ties’ Claims and sub­mit a pro­po­sed Agreed Order of Dis­mis­sal for dis­mis­sing the Par­ties’ claims with pre­ju­dice. Each Party will bear his own costs.

Trim­ble asks, “What’s the chief dif­fe­rence bet­ween a skill­ful wri­ter and a mediocre one?” He ans­wers his own ques­tion, “The skill­ful wri­ter is pre­pa­red to take many more pains to say it cleanly.“

You might also like:

Tagged with:  

Comments are closed.