Clarity Is More Important Than Brevity
Dear Legal Writer: Clarity is more important than brevity, so please stop mindlessly cutting the word “that” to save space.
True, “I think you should go” = “I think 𝙩𝙝𝙖𝙩 you should go,” and each version is correct.
So there, you can cut the “that” to save space—no problem.
But sometimes, cutting the “that” from a sentence causes BIG problems.
Here’s what to watch out for:
🔷 VERBS THAT OFTEN NEED A “THAT”
These verbs—all used regularly in legal writing—often require a “that” after them to avoid reader miscues:
admit
argue
allege
assert
contend
demonstrate
find
hold
indicate
prove
prohibit
require
report
read
see
show
state
suggest
🔷 WHY you NEED the “THAT”
Cutting the “that” after those verbs (and others that are less common) often causes your reader to mistake the noun after the “that” as the direct object of the verb rather than as subject of the next clause.
▪️ E.g., “The report stated the company the CEO managed was insolvent.”
Did you get tripped up initially and think the report stated something about the company?
I did on my first read, and then I had to backtrack & read again.
✅ “The report stated that the company the CEO managed was insolvent,” is better.
***
Here are a few more:
E.g., “The judge decided the document was irrelevant.”
BETTER: “The judge decided that the document was irrelevant.”
E.g., “The witness saw the suspect was nervous.”
BETTER: “The witness saw that the suspect was nervous.”
E.g., “Defendant argued the entity sued was misnamed.”
BETTER: “Defendant argued that the entity sued was misnamed.”
***
🔷 CONCLUSION
Don’t be willy-nilly when cutting “that” to save space.
Consider each sentence to make sure your reader won’t get confused first!
Causing your reader to have to backtrack & reread is a surefire way to piss ‘em off.
And that, my dear writer, is very, very bad.
💌 Amanda
#DearLegalWriter
P.S. I once had to write for a partner who loathed the word “that.” He crossed it out automatically whenever he saw it—regardless of whether it was needed for clarity—just to save space.
Drove me nuts.
Find yourself in the same situation? You might show your partner this post!
✏️ What is your practice on cutting the “that”?