Dear 1L, YOU MUST IGNORE what you learned about varying word choice. Your middle-school teacher only gave you half the story.

Dear 1L, YOU MUST IGNORE what you learned about varying word choice. Your middle-school teacher only gave you half the story.

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.

Examples:

a/ If you write that the parties’ contract was “terminated,” don’t later write that that contract was “cancelled” or “voided.”

 b/ If you initially say that the disputed property was a “warehouse,” don’t later call it a “distribution center.”

 c/ And if you initially say the contested item was a “laptop,” don’t later call it a “computer.”
 
The problem with varying these types of substantive words is that your reader may think it means you are talking about two, distinct terms. And if your reader is confused, they will not find you credible.

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

 —> That’s the WORST possible outcome.

So always be consistent with your substantive words.
 
🔷 2: DO vary your “glue” words.

 “Glue words” are transitional phrases, adjectives, and verbs that hold sentences together. You can and SHOULD vary your glue words.

 Examples:
Moreover
However
Therefore
Thus
also
and
but
for
yet

🔷 3: DO vary “garden variety” words.

 “Garden variety” words are those that come up again and again in legal writing.

 Examples:
allege
argue
assertion
contention
requirement
allegation

⬇️

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

 But don’t vary the substantive words that make your case unique and distinguishable from other cases.

 Never risk confusing your reader.

💌 Amanda

#Dear1L
#DearLegalWriter

P.S. The above is taken from a tip in my monthly legal-writing newsletter. If you’d like to access past editions and sign up for future, I’ll drop a link for you in a comment.

P.P.S. Please ask any questions you may have. Learning the difference between glue words, garden variety words, and substantive words is HARD when you’re just starting out.