Columbia Law School From the SelectedWorks of Hon. Gerald Lebovits Winter January, 2008 Do's, Don'ts & Maybes: Legal Writing Grammar—Part II Gerald Lebovits Available at: https://works.bepress.com/gerald_lebovits/107/ JANUARY 2008 VOL. 80 | NO. 1 JournalNEW YORK STATE BAR ASSOCIATION Our Children, Our Future A special issue on New York’s children THE LEGAL WRITER BY GERALD LEBOVITS Do’s, Don’ts, and Maybes: Legal Writing Grammar — Part II n the last column, the Legal Writer put on a jacket.” In this example, there’s a subject complement. Example: “The discussed 10 grammar issues. We no punctuation between the two inde- attorney is an intelligent man.” “A” Icontinue with another 10. pendent clauses. The first clause is “It’s precedes a word that begins with the 11. The Run-on Sentence. A run-on cold in the courtroom”; the second sound of a consonant, even if the word sentence isn’t a long sentence. A run-on is “I should put on a jacket.” To fix begins with a vowel, such as “eulogy.” sentence is formed when (1) a conjunc- this run-on sentence, put a semicolon “An” precedes a word that begins with tive adverb separates two independent or a period between the independent a vowel sound, even if the word begins clauses (clauses that could serve as clauses. If appropriate, include one of with a consonant. Use “an” before a separate sentences) and a semicolon or the conjunctive adverbs listed above. silent “h”: “an heir.” Use “a” before a period doesn’t precede the adverb; Becomes: “It’s cold in the courtroom; I an aspirated, or pronounced, “h”: “a (2) no punctuation separates two inde- should put on a jacket.” Or: “It’s cold historic occasion,” “a history book.” pendent clauses; or (3) a comma splices in the courtroom. I should put on a “The” is a definite article that refers to two independent clauses. jacket.” Or: “It’s cold in the courtroom; someone or something specific. “The” Example 1 — the conjunctive adverb thus, I should put on a jacket.” Or: “It’s begins a noun phrase to refer to some- run-on: “Judge Doe wrote the opinion, cold in the courtroom. Thus, I should thing already known to listeners or however, he never read it to the liti- put on a jacket.” to assert the existence of something. gants.” In this example, “however” is Example 3 — the comma-splice run-on: Examples: “The courthouse is across the the conjunctive adverb separating two “It’s cold in the courtroom, I should put street.” “The shortest attorney in New independent clauses, or clauses that on a jacket.” In this example, a comma York County was the most successful could be a full sentence. Examples of separates the independent clauses. Fix attorney.” conjunctive adverbs are “accordingly,” this run-on sentence the same way as in Use an article before a count noun: “again,” “also,” “anyway,” “besides,” Example 2: Put a semicolon or a period a noun that names something that “certainly,” “consequently,” “finally,” between the independent clauses and can be counted. Don’t use an article “for example,” “further,” “further- include a conjunctive adverb. before a noncount noun or a mass more,” “hence,” “however,” “inciden- It’s not a run-on sentence to sep- noun: a noun that can’t be counted. tally,” “indeed,” “instead,” “likewise,” arate two independent clauses with Incorrect: “My law clerk celebrated “meanwhile,” “moreover,” “neverthe- a coordinating conjunction such as birthday yesterday.” Becomes: “My law less,” “next,” “nonetheless,” “on the “and,” “but,” “or,” “for,” “nor,” “so,” clerk celebrated a birthday yesterday.” other hand,” “otherwise,” “rather,” or “yet.” Example: “Lawyer X read the (“Birthday” is a count noun.) Incorrect: “similarly,” “still,” “then,” “thereafter,” decision, but he didn’t understand a “The witness asked for glass of water.” “therefore,” “thus,” and “undoubt- word of it.” Becomes: “The witness asked for a glass edly.” In Example 1, no semicolon or Exception: It’s not a run-on sentence of water.” (Glasses can be counted.) period precedes the conjunctive adverb to use asyndetons: independent claus- Incorrect: “He showed a courage when “however.” To fix this sentence, put a es not joined by conjunctions. Example: he jumped into the lake to save the semicolon or a period after “opinion.” “I came, I saw, I conquered.” baby.” Becomes: “He showed courage Then put a comma after the conjunctive Run-on sentences are hard to read; when he jumped into the lake to save adverb. Example 1 becomes: “Judge Doe therefore, never use them. the baby.” (“Courage” is a mass noun. wrote the opinion; however, he never 12. Articles. “A” and “an” are indef- An article may not precede “courage,” read it to the litigants.” Or: “Judge Doe inite articles that refer to someone or which can’t be counted.) wrote the opinion. However, he never something general. Use “a” and “an” 13. Adverbs. Adverbs are words read it to the litigants.” to begin a noun phrase. Example: “A that modify a verb, an adjective, or Example 2 — the no-punctuation run- juror was disqualified for speaking on: “It’s cold in the courtroom I should with the press.” Use “a” or “an” as Continued on Page 74 80 | January 2008 | NYSBA Journal The Legal Writer (3) dangling modifiers; and (4) awk- Eric told his daughter he would play Continued from Page 80 ward separations. with her after the meeting? Two correct A misplaced modifier occurs when versions: “Eric told his daughter he another adverb. Adverbs tell when, you improperly separate a word, would play with her when the meet- where, why, or under what conditions phrase, or clause from the word it ing was over.” Or: “When the meeting something happens or has happened. describes. Some commonly misplaced was over, Eric told his daughter that he Most adverbs end in “ly.” Examples: words: “almost,” “even,” “exactly,” would play with her.” “badly,” “completely,” “happily,” “hardly,” “just,” “merely,” “nearly,” Where you position a squinting “lazily,” “quickly,” and “slowly.” You “only,” “scarcely,” and “simply.” adverb (“almost,” “even,” “exactly,” can’t rely on this rule to recognize Example of a misplaced word: “She “hardly,” “just,” “merely,” “nearly,” adverbs; some adjectives end in “ly”: almost sold all her used law books at “only” “scarcely,” “simply,” or “sole- “friendly,” “lovely.” the garage sale.” The writer isn’t try- ly”) affects the sentence. Incorrect: “The Some adverbs are hard to recog- ing to say that “she almost sold all her court attorney only made one mistake.” nize. Examples: “afterward,” “almost,” used law books.” The writers means Becomes: “The court attorney made to say, “She sold almost all her law only one mistake.” Examples: “She only books at the garage sale.” Example of nominated Matthew for partner.” (She Run-on sentences a misplaced phrase: “Throw your sister didn’t vote for him.) “She nominated are hard to read, out the window the Bluebook.” The only Matthew for partner.” (She didn’t writer isn’t trying to say “Throw your nominate anyone else.) therefore, never sister out the window.” The writer A modifier dangles when the noun means to say: “Throw the Bluebook or pronoun to which a phrase or clause use them. to your sister.” Therefore: “Throw the refers is in the wrong place or miss- Bluebook out the window to your sis- ing. Sometimes the dangling modi- “already,” “back,” “even,” “far,” “fast,” ter.” Example: “She served punch to the fier is at the beginning of the sentence. “hard,” “here,” “how,” “late,” “long,” attorneys in paper cups.” The writer Sometimes it’s at the end. Example “low,” “more,” “near,” “never,” “next,” isn’t trying to say that “the attorneys of a dangling participle: “Once edited “now,” “often,” “only,” “quick,” “rath- were in paper cups,” but that’s the and rearranged, Bill received an A+.” er,” “slow,” “soon,” “still,” “then,” effect. Therefore: “She served punch in This suggests that “Bill” was edited “today,” “tomorrow,” “too,” “when,” paper cups to the attorneys.” Example and rearranged. Therefore: “Once he “where,” and “yesterday.” of a misplaced clause: “She returned the edited and rearranged his law-school Put the adverb next to the word it car to the dealer that was defective.” paper, Bill received an A+.” Example modifies. Incorrect: “It almost seems This sentence suggests that the dealer, of a dangling gerund: “After editing for impossible to finish the brief by July.” not the car, was defective. Therefore: an hour, the brief looked good.” This Becomes: “It seems almost impossible “She returned the defective car to the suggests that “the brief” was editing to finish the brief by July.” Incorrect: dealer.” Example: “He remembered that for an hour. Therefore: “After I edited “Don’t you ever remember writing the he forgot his brief when he reached the brief for an hour, the brief looked brief?” Becomes: “Don’t you remember the courthouse.” This suggests that good.” Example of dangling infinitive: ever writing the brief?” “he forgot his brief when he reached “To write a brief, a computer is needed Incorrect: “He drove slow.” In this the courthouse.” Therefore: “When he for efficiency.” Because “a brief” is example, you want “slow” to modify reached the courthouse, he remem- positioned next to “a computer,” the the verb “drive.” To determine wheth- bered that he forgot his brief.” Or: writer suggests that a computer can er “slow” is correct, ask yourself: How “He remembered when he reached the write a brief. Therefore: “For efficiency, did he drive? Slowly. Therefore: “He courthouse that he forgot his brief.” a computer is needed to write a brief.” drove slowly.” Incorrect: “Use adverbs A squinting modifier is a modifier Or: “To write a brief, you’ll need a correct.” Ask yourself: How should I that might refer to a preceding or a fol- computer for efficiency.