How to Frame Your “Rule Statements”
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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