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Editing Legalese One quick flip through The Elements of Legal Style by Bryan Garner should convince you that editing the specialized vocabulary of law, or “legalese”, is not much different from how you might approach any other manuscript. Consider just a few of the tips Garner offers his audience of legal writers. Use the active voice. Make every word tell. If you use a big word, assure yourself you have done it because no other term will serve as better context—not because you want to teach your readers a new word. Don’t expect [an audience’s] interest. Arouse it. Watch out for re-current phrases. Regardless of a manuscript’s particular style, our main job as editors is to make sure that ideas are expressed clearly and concisely, in a way that keeps readers interested. The challenge with editing legalese, which is often formal and very technical, is to figure out what is being stated, both precisely and accurately. Then, we can go about editing the words to state the ideas more clearly. Here are some tips for editing the legal word: Know what’s being said. As with any other style of writing, it’s important to explain terms that may not be understood by the average reader. In many cases, you may need to ask the author questions about what legal terms mean, if you’re unclear. When legal terms must be used verbatim, consider following up with simple language which clarifies what the term means. Let the editor beware. Editors and writers alike can be held liable for any misinterpretation resulting from changes made to a legal document. In Writing for Lawyers (now out of print), Hollis T. Hurd offers this advice: "When in doubt, quote; do not paraphrase unless you are totally certain that you comprehend the legal significance of every word of the paraphrased material." That is, let the original writer bear the responsibility for possible misinterpretations. When the writer has referenced statutes and/or judicial opinions, stick exclusively with direct quotes. Trying to interpret law for the reader is, in the words of one legal expert, “playing with fire.” Don’t tamper with the evidence. If you’ve ever read legal opinions or arguments, you know that lawyers have developed their own system of citing cases, statutes and regulations. Editors must adhere to this system and cannot eliminate this all-important support for arguments and counterarguments. Here’s an example of a cite that must remain in a document in its entirety: D.C. Code § 16-2354(b); accord Matter of K.A., 484
A.2d 992, 997-998 (D.C. 1984). Tone it down when you can. Historically, legal writing is flowery, to a fault. It also includes a lot of jargon. This includes using rare English words such as conclusory, as well as Latin and Norman French terms such as mens rea, writ of habeas corpus and voir dire. Ideas are not only unclear, but all too often redundant. Readers feel like they are wading through quick sand. When you can substitute a formal word with a more conversational word, without changing the meaning, do it. Your reader will appreciate it! Break up “snaking” sentences and phrases. Lawyers often write like they are giving readers a closing argument in a courtroom. Sentences go on and on, with no apparent end. Ideas are repeated endlessly, even in the context of one sentence. As an editor, look for ways to break up run-on sentences, to paraphrase redundant ideas and to eliminate long strings of legal cites that only serve to quote the law. By
Erin Paisan ABP Editor
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