Guide to Abbreviations and Apostrophes

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 domesticpartnership 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 proved useless, even
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.
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.
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.
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."
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 . . . ."
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 every case is whether
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 every case is whether
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 every case is whether
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 genderbased 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
Chairman
Congressman
Policeman
Stewardess, Steward
Better Choices
Chair, chairperson, leader
Member of Congress, Representative
Officer, police officer, police official
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 create 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 antidisestablishmentarianism.
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 have a right to be heard.
Third Meaning:
The judge is only permitted to impose criminal sanctions after the parties have a right to be heard.
Fourth Meaning:
Only the judge is permitted to impose criminal sanctions after the parties have a right to be heard.
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 Passive Formulation:
The statutory interpretation we have chosen is mandated by the committee reports, the floor
debates, the presidential statement, and the administrative agency's interpretive guidance.
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 secondnamed 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
Correct: Joanne's and Todd's cars were bought from the same dealer; both proved useless, even
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
I
Me
He
She
It
Him
Her
You
We
They
Them
Possessive
His
Hers
Its
Yours
Ours
Theirs
Whatever
Relative
Who
Whose
That
Which
Whoever
Whichever
Reflexive
Myself
Yourself
Himself
Herself
Ourselves
Themselves
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 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).
Also Correct:
The Supreme Court stated 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,
Chicago, 337 U.S. 1, 4 (1949).
Incorrect: The Supreme Court held, "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,
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.)
Cross References: Brackets, Ellipses, Quotation Marks
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:
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:
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 restrictions on the right of a
womb. Roe v. Wade, 410 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 restrictions on the right of a
womb. Roe v. Wade, 410 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 restrictions on the right of a
womb. Roe v. Wade, 410 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-andpresent-danger test.
Correct: The ruling, which infuriated advocates of a free press, was based upon the clear-andpresent-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.
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.
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.
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.

Guide to Abbreviations and Apostrophes

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

Cross Reference: Quotation Incorporation

Clauses - Restrictive and Nonrestrictive

Correct Restrictive Use:

Correct Restrictive Use:

Correct Nonrestrictive Use:

Correct Punctuation of Nonrestrictive Clause:

Correct Punctuation of Nonrestrictive Clause:

Correct Punctuation of Restrictive Clause:

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

Correct Use to Introduce a List:

Cross Reference: Semicolons

Correct Use with an Aside:

Incorrect: Accordingly he granted the motion to dismiss.

black and tan, then the above usage is correct.

8. Do not use a comma to replace the word "that."

Correct Use of Comma to Create Emphasis:

Correct Nonrestrictive Use:

Incorrect: The remarkably-hot day turned into a remarkably-long week.

Correct use as Contraction:

Dependant Clauses and Phrases

Before the trial ended.

Incorrect: Before the trial ended.

Gender Neutral Language

Incorrect: A good judge takes their job very seriously.

Incorrect: A teacher must communicate clearly with their students.

5. Avoid the use of gender-specific titles if possible.

Justice Ruth Ginsburg; Justice Sandra O'Connor

Better (and wiser) choices:

Cross Reference: Pronouns

Incorrect: The remarkably-hot day turned into a remarkably-long week.

First Correct Option:

Second Correct Option:

First Correct Option:

Second Correct Option:

Nominalizations and Adjectivizations

Correct Use of a Strong Verb:

Correct Use of Strong Verb:

4. Use parallel structure when a sentence has multiple subjects.

1. As a general rule, use active subject-verb formulations.

Acceptable Active Formulation:

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

Correct: The car in question was the Weisses' red convertible.

Incorrect: Johnson is the plaintiff whom initiated the class action.

Incorrect: To who should this letter be addressed?

Incorrect: Everyone will be required to submit their memorandum at 9:00 a.m.

Cross Reference: Gender Neutral Language

Desirable paraphrase/summary with only key words quoted:

Better Combination of Paraphrasing and Quoting:

Beyond a reasonable doubt

Cross References: Brackets, Ellipses, Quotation Marks

Also correct if one has read the original source:

Cross References: Quotation Incorporation, Brackets, Ellipses

Subject Verb Agreement

That Versus Which

Cross Reference: Clauses -- Restrictive and Nonrestrictive

Throat Clearing Phrases

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