8 legal writing resolutions to try for 2014

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By Karin Ciano
Dolan Media Newswires

Much is made about the importance of writing skills for lawyers, but an often overlooked part of strong writing is proper editing.

As the new year begins, I plan to focus on editing in my legal writing. If I can stick to the following eight resolutions, I’m excited to see where 2014 ends up. This year, I resolve to pay attention to the following.

1. I will edit for clarity.

The first principle of writing is to communicate clearly. Readers have limited time, and time spent trying to figure out what I mean is time wasted.

2. I will let written work “rest” before editing.

The expression, “there is no good writing, only good rewriting” has been attributed to impressive sources including Justice Louis Brandeis and the poet Robert Graves. They’re all correct. What we think of as good writing often turns on details that become most visible when you read and edit.

It’s impossible to edit effectively without some distance from what’s on the page. If you don’t have someone else to help, one solution is to budget time for rest and editing just as you would for binding and copying an appellate brief.

I’ve found 24 hours usually is enough; your mileage may vary. What’s important is to edit at a time when you’re most likely to improve the work.

3. I will proofread to ensure correct punctuation.

Punctuation and spacing offer visual cues about meaning, and when they’re out of whack, they distract and unsettle the reader. To me, misplaced punctuation feels like grit in salad: it won’t kill me, but it might kill my appetite.

A common example is the misplaced apostrophe. The apostrophe’s placement determines the word’s meaning, and when it’s not in the right place, the word doesn’t fit the sentence.

Consider “it’s” and “its.” “It’s” is a contraction of “it is” or “it has.” “Its” is the possessive form of the pronoun it. To catch misplaced apostrophes, read the rest of the sentence aloud if necessary; one of these meanings will fit, and one won’t. Punctuate accordingly.

Visual problems like this may be hard to catch until the text is in reasonably final form. A final edit dedicated to the details allows for small changes that affect the reader.

4. I will accept that language evolves.

Many rules I learned in grade school, it turns out, have been repealed. Sentences start with conjunctions and end with prepositions. The universal “he” is extinct. Infinitives are split with gusto. If you care about writing, it’s like learning that Santa might be make-believe.

Gertrude Block advises me to get over it, and she’s probably right. As she has observed, the word enormity once meant “excessively wicked or outrageous” but is evolving to mean “enormous in size or significance” as more people use it that way. I can hold out for the original meaning, but only at the cost of clarity.

That doesn’t mean there are no rules. But change is inevitable and some of what was once accepted has now been called into question. Black’s Law Dictionary is now in its ninth edition. When was the last time you checked in to learn what’s new?

Thus in 2014, when a word surprises me, I resolve to reach for a dictionary before I reach for a pen.

5. I will appreciate the difference between rules and preferences with good humor.

Real rules exist. In the words of Joseph Williams and Gregory Colomb, real rules “define what makes English English.” To use their example: the rule that articles precede nouns (“the book,” not “book the”). Without real rules, sentences would make no sense and language would have no structure.

Yet, as noted above, much of what is presented to us as rules may in fact be a teacher’s or author’s preferences. How to tell the difference?

One tip is that real rules break noisily and reflect poorly on the writer. If a rule can be broken by well-respected writers and no one notices, it may really be someone’s preference dressed up as a rule.

That said, a writer’s aim is to communicate clearly. If the reader thinks it’s a rule (or, like a court, has the power to make it so), clarity is served when preferences are respected. In 2014, when I am writing for someone whose preferences I know, I will endeavor to respect them; and when editing someone whose preferences I don’t know, I will refer to No. 7 below.

6. I will ensure that preferences are used consistently within a document.

Resolution 5 has a flip side: in any given document, preferences become rules.

7. I will edit compassionately and accept editing gracefully.

Having someone edit your writing is an opportunity to learn, produces a better end product and, if handled well, can lead to mentoring and professional growth.But it’s about as much fun as having a tooth drilled.

In the new year, I resolve to be compassionate when editing others and look for opportunities to teach, not merely revise. And when I’m being edited — no matter what the feedback — I will accept it gracefully.

8. I will read about writing.

Whether you pick up a hip new book about punctuation or a classic text on legal writing and argument, whether you subscribe to a writing blog or simply read a column like this one, the aim is simple. Reading about writing refreshes and updates your knowledge, allowing you to approach editing with confidence. For those on a limited budget, a law school or county law library may be an excellent place to find classic and new books on writing. In 2014, I will make writing a part of my continuing legal education.

Here’s wishing you brilliant edits in the new year.

Karin Ciano is owner of Karin Ciano Law PLLC, Minneapolis, and director of Twin Cities Custom Counsel PLLC.