Consistency Is Key In Legal Writing

Dear Legal Writer,

If you initially say a “van” hit her bike, don’t later refer to the van as an “automobile.”

If you initially say the incident occurred on a “bridge,” don’t later refer to it as an “overpass.”

And if you initially describe the incident as a “robbery,” don’t later call it a “theft.”

Get the gist?

👉 For legal writing, you need to ignore what your grade school teacher told you about always varying your word choice.

If you vary a key term, your reader may think that means you are talking about a distinct, second term.

—If your reader is confused, they will not find you to be a credible source.

—If your reader doesn’t understand what you write, your reader cannot possibly be persuaded by it.

—If your reader gets too confused, they may bag your brief altogether and turn to your opponent’s brief for guidance.

▶️ So be consistent when using key terms.

Consistency is key in legal writing.

⭐️ BUT:

That does NOT mean your brief must be boring, dull, or repetitive in a bad way.

There are 2 exceptions to the rule against variation in legal writing.

1️⃣ You should vary “glue words.”

“Glue words” = transitional phrases, adjectives, and verbs that give structure to our writing and hold our sentences together

—the same way that connective tissue holds our organs together.

You can and SHOULD vary glue words.

EXAMPLES:

Moreover, Additionally, and, but, yet, However, Nevertheless

2️⃣ You should vary “garden variety” words.

Garden variety words = words that come up again and again in all legal writing

EXAMPLES:

“allege,” “argue,” “contend,” “requirement,” “allegations.”

***

The key to powerful, persuasive legal writing lies in striking an optimal balance:

—maintaining consistency in crucial terms and concepts, but

—employing varied and engaging language in the overall structure and flow of the document.

And so, vary your “Therefores” and “Thuses,” your “Moreovers” and “In additions,” your “arguments” and “contentions.”

But don’t vary the key facts and other terms that make your case unique and distinguishable from other cases.

Never risk confusing your reader.

💌 Amanda

#DearLegalWriter

P.S. What is your favorite glue or garden variety word that you try to vary to keep your reader engaged?