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Articles 91 - 118 of 118
Full-Text Articles in Legal Writing and Research
The Period And Its Pals, K.K. Duvivier
The Period And Its Pals, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Judges are more likely to rule against you if they cannot understand your points and if your arguments do not seem well-reasoned. In contrast, punctuation errors may be irritating, but they will rarely, if ever, cause you to lose the case.
A Wise Passiveness, K.K. Duvivier
A Wise Passiveness, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
"[W]e can feed this mind of ours In a wise passiveness" "Expostulation & Reply" by William Wordsworth As a general rule, our writing can be more forceful and concise if we search for the passive voice and eliminate it. However, the avoid-the-passive rule sometimes is taken to extremes. This article addresses five ways to use the passive voice as a positive communication tool.
Problems With The Passive Voice, K.K. Duvivier
Problems With The Passive Voice, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Some of us recall when our grammar teachers admon- ished against using the passive voice. However, voice is a stylistic choice, not a rule of grammar. This column explains why the active voice generally is preferred. The next column will discuss when the passive voice may be the better choice (to be published in the May issue of The Colorado Lawyer). Once we understand the passive, we can make more informed decisions about its use.
Proper Words In Proper Places, K.K. Duvivier
Proper Words In Proper Places, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Most experts agree that written communication is achieved through a combination of word choice and word placement.' Although, word placement within a sentence has long been recognized as significant, word choice often is considered the predominant vehicle for communication. Some recent commentators, however, contend that reader expectations about word placement play a dominant role in communication. This column addresses how to enhance communication by placing words that you want to emphasize at the end of your sentences.
Gratifying Rules Of Grammar, K.K. Duvivier
Gratifying Rules Of Grammar, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
No abstract: rules of grammar in list form
A Thousand Probabilities, K.K. Duvivier
A Thousand Probabilities, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The July Scrivener column addressed the use of intensifiers, words such as “very” and “really” that are used to amplify a concept. This month’s column addresses words at the other end of the spectrum—qualifiers, such as “probably” and “possibly,” that are used to limit a point.
The Lady Doth Protest Too Much, Methinks!, K.K. Duvivier
The Lady Doth Protest Too Much, Methinks!, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
When we speak face-to-face with someone, we communicate on several different levels. Our face and body can communicate a different message from that of our voice. Thus the body language of a tight jaw and stiffly crossed arms belies a statement that one is relaxed. Similarly, voice inflection can conflict with spoken words. The impact of such incongruity mayb e intended irony or jest, or the impact may be confusion.
A False Economy, K.K. Duvivier
A False Economy, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Pause before you next decide to save some space in your brief or contract by defining a term with an acronym. Certainly, if you use only the initial letters of words, whole phrases can be distilled into one new word. Yet acronyms should be used sparingly in legal writing because this economy of ink is rarely an economy of thought.
Cease And Desist, K.K. Duvivier
Cease And Desist, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
One characteristic of legal writing, parodied in the caricature above, is the use of multiple words when one word might suffice. This column first explores how the practice of pairing synonyms or stringing together alternatives originated. Next, it tells when to cut back on such repetition.
Are You Practicing An Uninformed System Of Citation?, K.K. Duvivier
Are You Practicing An Uninformed System Of Citation?, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
An important—but sometimes annoying—component of legal writing is citation to controlling authority. Through citation, we should provide our readers with recognizable and accurate references to the sources that form the basis of our legal analyses. The fundamental sources of controlling Colorado law are the Colorado statutes, session laws, rules of procedure, jury instructions and cases. Although The Bluebook forms for these sources are recognizable, they are rarely used in the Colorado courts.
Power Verbs, K.K. Duvivier
Power Verbs, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
To make your writing more vivid and efficient, focus attention on your verbs. For those who were not taught the parts of speech in school, the “subject is that part of a sentence about which something is being said,” and the verb “says something about what the subject is [a state of being] or is doing [an action].”
Quotations Part Ii: Block Quotes, K.K. Duvivier
Quotations Part Ii: Block Quotes, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The previous column addressed the tendency of legal readers to skip or skim long quotations. To be sure impatient readers do not miss critical points, legal writers can reduce quotations to key words and incorporate those few words into the analysis. Sometimes blocked or indented quotations are helpful.
Quotations Part I: Fundamentals, K.K. Duvivier
Quotations Part I: Fundamentals, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Legal writing relies heavily on the words of others. The impulse to repeat verbatim the words of applicable authorities is often compelling. While an authority may be integral to your discussion, quoting lengthy passages actually may interfere with your message. This column addresses quotation fundamentals—when and how much to quote.
Letters From Readers, K.K. Duvivier
Letters From Readers, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
This month’s column features remarks from readers concerning previous columns.
Misguided Metaphors, K.K. Duvivier
Misguided Metaphors, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Figures of speech, such as the metaphor of the season of spring that President Clinton used in his Inaugural Address, are commonplace in rehtoric. Similarly, such figures have their place in legal writing. Through judicious use of a metaphor, you can provide your readers with a pleasant interlude to the more mundane aspects of. your argument and transform an abstract concept into a powerful visual image.
Road Maps, K.K. Duvivier
Road Maps, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
When you write, do your readers know your ultimate destination and how you will get there? Help them trek through your analysis by providing a road map.
Gender Neutral Ii, K.K. Duvivier
Gender Neutral Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Continuation of article above including discussions of personal pronouns, use of "they," and sex-neutral terms.
Gender Neutral, K.K. Duvivier
Gender Neutral, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Regardless of your preference, you should be aware that the use of "he" as a universal gender pronoun now is controversial, and your reader probably will follow only one of two very divergent ideologies. Therefore, fall back on a primary rule of persuasive writing: avoid any words or structures that alienate your rader or distract from your message.
Procrastination, K.K. Duvivier
Procrastination, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Panic has set in. The deadline for your brief or memo is now measured in hours rather than days. You think, “Maybe the adrenaline will make me more efficient, but if only I had started earlier!” If you often or occasionally find yourself in this predicament, here are three suggestions to help you avoid it in the future.
Be Plain, K.K. Duvivier
Be Plain, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
You are pondering which word to use in a brief. Which should you sue—“supra,” “aforementioned” or “above”? Be cautious of Latin and archaic English words. If you use them, your argument, as well as your reputation may be placed at risk.
White Space, K.K. Duvivier
White Space, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Assist your reader by providing white space for breaks. Consider the readers' response when confronted with a solid page of print. The same page will be less formidable when broken into three or four paragraphs. Logical break points can always be found, even if the whole page deals with just one idea or subject. Offer your readers "footholds. . .[t]o clamber over the trying cliff-face of prose." Facilitate communication by using shorter sentences and paragraphs.
Judges’ Pet Peeves Ii, K.K. Duvivier
Judges’ Pet Peeves Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
The last Scrivener (November issue at page 2257) focused on a leading complaint that four Denver District Court judges identified when I polled them last summer. Recently, I have discussed legal writing problems with a few justices of the Colorado Supreme Court and judges of the Colorado Court of Appeals. This column focuses on some of the concerns voiced by these judges.
Judges’ Pet Peeves I, K.K. Duvivier
Judges’ Pet Peeves I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Over the summer, I had an opportunity to poll four Denver District Court judges about problems they encounter in the writing attorneys submit to their courtrooms. This column addresses one of their leading complaints.
Getting Organized: Part Ii, K.K. Duvivier
Getting Organized: Part Ii, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
In the July issue (at 1399), the Scrivener focused on the usefulness of the IRAC paradigm. This column will address some of the questions students and colleagues have asked about that paradigm and its applicability to large-scale organization in legal writing.
Getting Organized: Part I, K.K. Duvivier
Getting Organized: Part I, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Good organization is fundamental to effective writing. No matter how brilliant your argument is, it may be misunderstood—or completely ignored—if its organization does not work. The argument becomes accessible to the reader through intelligent organization.
Bold Beginnings, K.K. Duvivier
Bold Beginnings, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
However, legal writing should start with a conclusion. The audience of a legal writer consists of critics and skeptics, whether they are partners, opposing counsel or judges. They have neither the time nor patience to try to decipher a writer's conclusion.
Slide Rules, Telegrams And Legal Writing, K.K. Duvivier
Slide Rules, Telegrams And Legal Writing, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Visual and vocal clues are natural forms of human communication. In most instances, the electronic media, which provide instant visual and vocal information, are more efficient and compelling tools for communication than the written word. It is little wonder that we have become a "video" society. With additional technological advancements in electronic communication media, the ability to write may be of little use to the average citizen of the twenty-first century.
Preventive Law And The Legal Autopsy: For Legal Profession As A Whole, It's A Learning And Research Tool, Robert M. Hardaway
Preventive Law And The Legal Autopsy: For Legal Profession As A Whole, It's A Learning And Research Tool, Robert M. Hardaway
Sturm College of Law: Faculty Scholarship
The legal autopsy can be a careful learning and research tool, not only for the individual practitioner, but for the legal profession as a whole. A complete (or "horizontal") autopsy which includes an investigation of both sides of a case can be expensive and time-consuming to prepare. In many cases, practical consideration may dictate a more limited (or "vertical")-but also useful-autopsy investigating only one side of the case.