Nuts 'N' Bolts: Legal-Writing Mechanics—Part I Gerald Lebovits

University of Ottawa Faculty of Law (Civil Law Section) From the SelectedWorks of Hon. Gerald Lebovits June, 2009 Nuts 'n' Bolts: Legal-Writing Mechanics—Part I Gerald Lebovits Available at: https://works.bepress.com/gerald_lebovits/158/ JUNE 2009 VOL. 81 | NO. 5 JournalNEW YORK STATE BAR ASSOCIATION Attorney Web Sites Ethical Issues Are Only the Beginning Also in this Issue From the “Code” to the by Adam R. Bialek, Paris A. Gunther “Rules” and Scott M. Smedresman “Cohabitation” Clauses After Graev Avoiding IRS Tax Disputes 2008 Insurance Law – Part II THE LEGAL WRITER BY GERALD LEBOVITS GERALD LEBOVITS is a judge at the New York City Civil Court, Housing Part, in Manhattan and an adjunct professor at St. John’s University School of Law. For their research help on Parts I and II of this column, he thanks Alexandra Standish, his court attorney, and St. John’s University law student Jamie Bunyan. Judge Lebovits’s e-mail address is [email protected]. Nuts ’n’ Bolts: Legal-Writing Mechanics — Part I riting mechanics refers to unless all the pieces fit. Making your feet from the car.” Tanbook and Redbook writing details: numbers, nuts ’n’ bolts fit just right will assure an example: “The top law students earned Wnumerals, and figures; typo- accessible, comprehensible, and con- 2, 4, and 11 awards, respectively.” graphic symbols; abbreviations; italics sistent document. Don’t start a sentence with a fig- and underlining; and capitalizations. ure.11 Incorrect: “2009 marks the one- No one right way best tightens 1. Numbers, Numerals, and Figures year anniversary of his admission legal-writing nuts ’n’ bolts, but differ- A number is an abstract mathematical to the New York bar.” Correct: “Two ent authorities try. Most practitioners, concept. A numeral is a symbol that thousand and nine marks the one- federal judges, law-journal editors, and expresses the abstract mathematical year anniversary of his admission to Moot Court boards use The Bluebook: A concept. Words denote numerals in the New York bar.” If you must use a Uniform System of Citation.1 New York ABCs. Example: “Three.” Figures denote number to start a sentence, spell it out state judges and court staff use the New numerals in 1, 2, 3s. Example: “123.” or rewrite the sentence. Example: “1920 York Law Reports Style Manual, com- Cardinal numbers express quantity or is an important date in the battle for monly called the Tanbook.2 Writers magnitude. Examples: “one,” “two,” women’s rights.” Becomes: “Nineteen- in the humanities and social sciences “three.” Ordinal numbers express rela- twenty is an important date in the often use the Chicago Manual of Style.3 tive positions. Examples: “first,” “sec- battle for women’s rights.” Or: “In Many lawyers rely on an authoritative ond,” “third.” 1920, after the Nineteenth Amendment style manual called The Redbook, by Conventions vary on whether was ratified, women were allowed to Bryan A. Garner, Black’s Law Dictionary’s to spell out numerals.6 Under the vote.” Editor in Chief.4 Some law-school Bluebook and ALWD, spell out zero legal-writing professors teach their to ninety-nine and use figures for 100 students the ALWD Citation Manual: A and above in textual material, foot- Whatever the Professional System of Citation.5 notes, and endnotes.7 Examples: “hun- preference, maintain Sometimes the rules in these sourc- dred,” “thousand,” “million.” Under consistency. es are consistent with one another. the Tanbook and the Redbook, spell Often they’re not. The Bluebook, for out numerals up to and including example, has different rules for dif- nine; use figures for numerals 10 and According to ALWD and the ferent documents: Memorandum and above.8 According to the Bluebook and Redbook, insert commas between the brief writing has one set of rules; jour- the Redbook, you may spell out round third and fourth digits, the sixth and nal writing, another. The Bluebook’s numbers larger than ninety-nine if you seventh digits, and so on.12 Examples: rules also differ between how sources do so consistently.9 “2,000,” “430,000.” Under the Bluebook, should appear in the text and how they The Legal Writer recommends fol- which differs in this regard from other should appear in footnotes or end- lowing the Tanbook and the Redbook. style guides, insert commas in figures notes. ALWD and the Tanbook make Spelling out numerals gives a docu- that contain only five or more digits.13 no such distinctions. ment a formal air, but figures are easier Correct: “32,457,” “3425.” Incorrect: Determining the source on which to read than letters. Follow the guide- “3,425.” you should rely depends on your audi- lines in your jurisdiction or citation Don’t insert commas in figures ence and document. If you have a guide. Whichever numbering method when the classification system doesn’t choice, choose a source that’ll create you select, always be consistent. use commas. Examples: docket num- a document that’s accessible, compre- The style of the larger numbers in a bers, citations, Internet databases, hensible, and consistent. No matter series controls the style of the smaller serial numbers, road numbers, room what you assemble — a bike, a book- numbers.10 Bluebook and ALWD example: numbers, social security numbers, tele- case, a brief — nothing will endure “The bullets ricocheted 12, 65, and 135 CONTINUED ON PAGE 52 64 | June 2009 | NYSBA Journal THE LEGAL WRITER CONTINUED FROM PAGE 64 phone numbers, highway numbers, The Bluebook and the Tanbook rec- billion Ponzi scheme has been all over street numbers, military time, and ommend using figures for calculations. the news.” years.14 Example: “306 + 821 = 1127.” Don’t use numerical abbreviations Use figures if the number includes Under ALWD and the Redbook, use like “K” (to represent “thousand”) or a decimal point. Example: “Pi equals figures in citations unless the number “M” (“million”) in legal writing. These approximately 3.14159.” Don’t use is part of a title; repeat titles as they’re colloquial abbreviations create ambi- commas after a decimal point. Incorrect: written in the original.19 Citation exam- guity. “1.23,456.” Correct: “1.23456.” ple: “Johnson sued his employer under A plural of a numeral is formed by When spelling out numbers, 42 U.S.C. § 1983.” But: “The parties’ adding an “s,” not an apostrophe “s.”24 hyphenate two-word numbers below relationship was like the one in the Example: “Some attorneys educated in 100. Example: “Joe Smith charges five movie 10 Things I Hate About You.” the 1970s still use legalese.” Spell out hundred fifty-five dollars an hour.” Use Under the Tanbook and the Redbook, indefinite expressions unless doing “and” only when expressing cents.15 use figures for dollar amounts of any so will confuse. Example: “The court Incorrect: “To be exact, his hourly fee is size.20 Tanbook and Redbook examples: reporter is in her twenties.” When citing a range of pages, according to the Tanbook, give the Spelling out numerals gives a document pages at which the reference begins and ends, separated by an en dash a formal air, but figures are easier to (–) or hyphen (-).25 Example: “(People v read than letters. Wilson, 93 NY2d 222, 224-225 [1999]).” There’s no space between the page number and the en dash or hyphen. four hundred and ninety-eight dollars “$1,” “$50,” “$120.” According to the Under the Bluebook and the Redbook, and seventy-five cents.” Correct: “To be Bluebook and ALWD, you may spell retain the last two figures when the exact, his hourly fee is four hundred out the phrase or use figures for dol- numeral has three or more figures, ninety-eight dollars and seventy-five lar amounts.21 Example: “The doctor but drop other repetitious digits.26 cents.” charged plaintiff $150 an hour for his Separate the page range with an en The Tanbook and ALWD recom- court appearance.” Or: “The doctor dash or hyphen. Thus, pages 2308- mend spelling out fractions less than charged plaintiff one hundred fifty 11 means pages 2308 to 2311. ALWD one.16 Examples: “three-fourths of the dollars an hour for his court appear- allows either method.27 estate,” “two-thirds share,” “one-eighth ance.” Under the Redbook, don’t elide fig- of the farm.” Under the Tanbook, use When referring to money, put a ures in a range of measurements or a figures for fractions greater than one.17 symbol before the figure or the corre- span of years.28 According to ALWD Example: “He used 1½ (note: no space sponding word after the amount, but and the Redbook, don’t elide a range of between 1 and ½) reams of paper to don’t do both. Correct: “$5.” Correct: sections or paragraphs.29 Correct: “15 print his brief.” Under ALWD, frac- “five dollars.” Incorrect: “$5 dollars.” U.S.C. §§ 2301-2310 (2000).” Incorrect: tions greater than one may be written According to the Redbook, always “15 U.S.C. §§ 2301-10 (2000).” The using words or figures.18 Don’t insert use figures for chapters (Chapter 11); Bluebook permits eliding sections or a space between the whole number dates (November 14, 2005); sections paragraphs unless doing so might and the fraction in a figure. Example: (§ 1983); statutes (title 9 of the U.S. confuse.30 The Tanbook recommends “Petitioner seeks to evict respondent Code); time (9:30 a.m.); volumes retaining all figures in a range of mea- from her 3½-bedroom apartment.” Or: (Volume 33); numbers in name of roads surements and sections or paragraphs. “Petitioner seeks to evict respondent (111 Centre Street); military divisions Use figures to write times and dates.31 from her three and one-half bedroom (M1A1 Platoon); measurement units Examples: “7:00 p.m.,” “11:00 a.m.” But: apartment.” (98° F.); and decimals (0.2009).22 “four o’clock.” Don’t spell out “th,” To ensure accuracy and prevent Spell out centuries (“twenty-first “nd,” or “rd” when you write the date forgeries, spell out figures when draft- century”) and, in text, as opposed in figures, but pronounce them when ing a bank check, contract, or will.

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