“The same” leaves havoc in its wake. To illustrate:

🔹 "She delivered the goods to the warehouse and then sold the same."

—Does "same" refer to the goods or the warehouse?

🔹 “The contract has a 30-day notice rule. Failure to comply with same will result in penalties."

—To me, it meant awkward alumni dinners, bar ass’n meetings, and cocktail mixers with lawyers 20–40 years older than me.

—I spent events like those wearing a plastic smile, laughing at jokes I didn’t understand, and feeling like a complete idiot.

-law school applicants,
-law school students,
-full-fledged lawyers of all levels.

I’ve identified the top 10 most common errors.

So I made a checklist for you.

I hope it helps!

▪️ Example: “There’s no unlawful wiretapping if one of the parties consents.”

✅ Improved: “There’s no unlawful wiretapping if one party consents.”

Shorter

Cleaner

Better

1️⃣ MISTAKE 1:
You post with a FIREWALL. 👺

You post an article you’ve written,
but you give us no info about it.
And the full article’s behind a firewall. ❌

So we can’t read it, so we don’t like it or comment on it, and we definitely don’t save it. We just scroll on.

The RIGHT way is below each example.

🔹 DON’T say that “the plaintiff is like the Jones case . . .”

What you mean is that your plaintiff is like the PLAINTIFF in the Jones case.

You can apply these 3 steps to test if something’s set in parallel structure:

1️⃣ Test with the stem to make sure it would make sense standing alone.

▪️ Ex:
“The tenant must provide proof of income, a photo ID, and sign the lease.”

But we legal writers MUST use it, even where others don’t.

RULE: DO use a comma before “and” or “or” in a list or series that has 3 or more.

❌ A, B and C
🟢 A, B, and C

❌ He walked home, ate dinner and went to bed.
🟢 He walked home, ate dinner, and went to bed.

—What’s that you say? “However, . . .” is grammatically correct?

Yeah, yeah, I know.
I still cringe.

Here’s why you should reconsider using it:

🟦 Your reader is bored.

✔️ Defendants ask the Court to reconsider.
❌ Defendants request the Court to rule in their favor.
❌ Defendants move the Court to grant summary judgment.

You may “ask” the court “to” do something.
But you should NEVER “request” or “move” the court “to” do anything.

By prioritizing efficiency over mentorship, have we created a culture where editing is mechanical and learning is minimal?

I submit: Yes.

🔹 In the past, legal writing growth demanded active engagement:

So I’ve written him this ditty—a show of loving support.
May this rhyme bring him luck, for his big day in court.

He’s got not one case to argue, but back-to-back: TWO.
And that is a feat that he’s long yearned to do.

Replace her rule with this new, refined rule for legal writing, and get your words right in your memo:

🔷 1: Do NOT vary the substantive words of your case.

Before we had redlines, that’s how partners communicated their edits on our drafts—

(often with little notes scribbled in the margins, up on the side, and over onto the back page (and sometimes on to a side rider)).

So as I head home today to Philly and leave these copies behind in Rhode Island, it’s not because I can do without them—it’s because they’re so essential to me, I keep a set in each place.

📘 Bryan A. Garner’s “Legal Writing in Plain English”: