Dear Legal Writer: Try to focus your “rule statements” around what one party must SHOW, as opposed to what condition must “exist” or “be shown.”

Here are 3 examples:

1️⃣

❌ Instead of:

"For a claim of negligence to be successful, it must be shown that a duty of care existed."

✔️ Try this:

"To prevail on a negligence claim, the plaintiff must demonstrate that the defendant owed a duty of care."

2️⃣

❌ Instead of:

"For a contract to be enforceable, it must be proven that consideration was present."

✔️ Try this:

"To enforce a contract, the party seeking enforcement must establish that both parties exchanged consideration."

3️⃣

❌ Instead of:

"For a search to be considered reasonable under the Fourth Amendment, it must be determined that probable cause existed."

✔️ Try this:

"To justify a search under the Fourth Amendment, the government must show probable cause."

⬇️

By making this one simple switch to your rule statements, you will make your writing more energetic by avoiding the use of “to be” and passive-voice constructions.

Won’t you give it a try?

Fondly,

💌 Amanda

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#DearLegalWriter