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Category Archives: Spell Checking

Too Many Acronyms = Alphabet Soup.

16 Thursday Apr 2015

Posted by Celia C. Elwell, RP in Abbreviations, Acronyms, Bad Legal Writing, Brief Writing, Court Rules, Courts, Initialisms, Legal Writing, Local Rules, Spell Checking

≈ Comments Off on Too Many Acronyms = Alphabet Soup.

Tags

ABA Journal, Abbreviations, Acronyms, Brief Writing, Court Rules, Debra Cassen Weiss, Legal Writing

Check Your Briefs For Acronym Overuse, DC Circuit Clerk Tells Lawyers In Campaign Finance Case, by Debra Cassen Weiss, ABA Journal

http://tinyurl.com/mff4sqx

Acronyms continue to bedevil the U.S. Court of Appeals for the D.C. Circuit.

Parties before the court are advised in circuit rules to avoid little-known acronyms; lawyers who didn’t heed the advice were called out in a 2012 opinion. Now the clerk’s office is doing its part to police the briefs. . . .

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How “Readable” Is Your Writing?

19 Thursday Feb 2015

Posted by Celia C. Elwell, RP in Editing, Legal Writing, Plain Language, Proofreading, Readability, Spell Checking

≈ Comments Off on How “Readable” Is Your Writing?

Tags

Dr. Ken Broda-Bahm, Legal Writing, Persuasive Litigator, Readability

Check Your Language Level, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://www.persuasivelitigator.com/2015/02/check-your-language-level.html

Dr. Brada-Bahm makes a good point. Our job is to be understood, regardless of the method of communication. There is, however, an easy way to check your document’s readability statistics if you use Microsoft Word.  

To set readability statistics for in Word, click on “Options,” then “Proofing.” Scroll down to “When correcting spelling and grammar in Word.” Check the box for “Show readability statistics.” Afterwards, when you run a spell check on any Word document, it will show the readability statistics for your document. -CCE

The image of the trial lawyer that comes closest to our ideal might involve the advocate standing in front of the jury or the bench, waxing eloquent in oral argument. But the reality is that, even for lawyers who get to trial frequently, they’re writing more often than they’re speaking. Before, after, and often instead of those opportunities for oral persuasion, they are drafting briefs, motions, and memos. As attorneys get used to that written style, it can become difficult to gauge how comprehensible they are. You think you’re being perfectly clear — and you are, to you — but you may have lost track of how much work is falling on the reader. There is, however, a tool that can help, and lawyers should be aware of it. Contently, the content-marketing blog, writes about ‘reading level analysis‘ as a free online service you can use in order to test whether you’re writing at, say, a 5th, 9th or 12th grade reading level. The test itself is easy. You simply navigate to the ‘readability-score‘ site, paste any text you want into the window, or upload a file if it is in pdf, or paste in a URL if the text is already online. Then, click ‘calculate score’ and you instantly get a ‘reading ease’ number that varies between 0 (most difficult) and 100 (easiest), along with a more understandable identification of the grade-level that you are writing at. . . .

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William P. Statsky’s Legal Thesaurus/Dictionary.

31 Saturday Jan 2015

Posted by Celia C. Elwell, RP in Editing, Legal Analysis, Legal Dictionaries, Legal Writing, Primary Law, Proofreading, References, Research, Spell Checking

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Tags

Common Law, Justice Marian P. Opala, Legal Dictionary, Legal Reference, Legal Terminology, Legal Thesaurus, Oklahoma Supreme Court, Statsky’s Legal Thesaurus/Dictionary, William P. Statsky

Recently, I saw a Dictionary of Legal Terms advertised on Amazon. I am sure there are many excellent dictionaries, including Black’s, that are useful. I have for many years now relied on Statsky’s Legal Thesaurus/Dictionary, which was a gift from a former boss. 

At one time, I worked for Justice Marian P. Opala at the Oklahoma Supreme Court. Justice Opala was simply brilliant – I can think of no other description. He was precise in his choice of words, and worked diligently to craft his formal opinions for the Court. He was absolute stickler for legal writing perfection in every way imaginable, and he abhorred legalese.

One of my tasks was to proofread and make editing suggestions for his draft opinions. I found Statsky’s book to be invaluable. In one instance, I used it to find an alternate clause to edit an old common law phrase.

When Justice Opala asked how I had come up with the suggestion, I sweated bullets and expected to be chastised for my choice. Instead, he explained that he wanted to know how I had been able to come up with an alternative that did not change the legal meaning of his original phrase. He was impressed. I was relieved.

It would have been wonderful if I could have truthfully said that I came up with it completely on my own. Instead, I shared how I had found it in Statsky’s book.

Over time, Justice Opala got the notion that the book belonged to him. When I left his chambers for another position, Justice Opala protested when I packed it with my other belongings. I had to show him the flyleaf where my former boss had written a message to me to assure Justice Opala that it was indeed my book, and not his.

I can think of no greater endorsement than Justice Opala’s opinion. I take the book with me to legal writing seminars as a recommended addition to anyone’s reference library. And I keep a copy at the house and at the office. If you are looking for such a resource, I can endorse it without hesitation. -CCE

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Trouble With Typos? Ten Tips To Help Get Rid of Them.

25 Sunday Jan 2015

Posted by Celia C. Elwell, RP in Editing, Legal Writing, Proofreading, Spell Checking

≈ Comments Off on Trouble With Typos? Ten Tips To Help Get Rid of Them.

Tags

Grammar Girl Blog, Legal Writing, Mignon Fogarty, Proofreading, Typos, Writing Errors

10 Tips to Banish Typos, by Mignon Fogarty, Grammar Girl Blog

 http://tinyurl.com/kavzl5t

Funny Typos

Typos can seem funny after the fact. A couple of years ago I told you about someone who accidentally recommended a friend as a ‘fat and accurate typist’ instead of a ‘fast and accurate typist’ and another person who wrote to tell a friend he had written an excellent report and instead called it an ‘excrement report.’

Costly Typos

Some typos are more than embarrassing; they’re costly. Contracts, for example, are not good places for typos. A Canadian utility company became famous for the ‘million dollar comma‘ lawsuit when they had to pay another company more than $2 million because of a misplaced comma.

Old Typos

Typos aren’t a new problem either. There are a few old editions of the King James Bible that have typos. A 1612 edition known as the ‘Printers Bible’ reads ‘Printers have persecuted me without a cause’ instead of ‘Princes have persecuted me without a cause,’ and another one from 1635 is called the ‘Sinner’s Bible’ because it reads ‘Thou shalt commit adultery’ instead of ‘Thou shalt not commit adultery.’ Whoops.

When you want to avoid embarrassing yourself, incurring costly lawsuits, and leading believers astray, here are 10 tips to help.

  1. Have someone else read your work. The best way to find typos is to have someone else read your work. They don’t know what you meant to say, and their fresh eyes will almost always catch things you missed. Since that’s not always possible, here are some other solutions.
  2. When you’re writing on your computer, use the auto-correct feature.I also call this the ‘know thyself’ trick. For example, I always type ‘pateint’ instead of ‘patient.’ Always. But with the auto-correct feature in my word-processing software, I can tell the computer that every time I type ‘pateint’ it should insert ‘patient.’ Problem solved!

The best way to find typos is to have someone else read your work.

  1. Run your work through your computer’s spell-checking tool. It’s amazing how many people don’t do this. Don’t think the computer is infallible though. The first choice it gives you may not be the right one, and spell-checkers often think correct possessives such as children’s and someone else’s are wrong. The computer can highlight things you should check yourself, but it isn’t perfect.
  2. Print your work.Always proofread a printed version of your work. Many people find that if they try to proofread on a computer monitor, they miss more errors than when reading a printed copy of their work.
  3. Give yourself some time.If possible, let your work sit for a while before you proofread it. If you are able to clear your mind and approach the writing from a fresh perspective, then your brain is more able to focus on the actual words, rather than seeing the words you think you wrote.
  4. Read your work aloud.This forces you to read each word individually. I write a script for each Grammar Girl podcast, and when I read it to record the show, I almost always find an error I missed when proofreading it other ways. A long time ago, a listener told me that he felt uncomfortable reading his writing aloud at work, so he does it while pretending to talk on the phone so people don’t know what he’s doing.
  5. Force yourself to view each word.If you don’t want to read aloud, you can force yourself to consider each word by using the tip of a pencil or pen to physically touch each word. You can also force yourself to focus on smaller sections of the document by putting a ruler under each line of text as you are reading or by cutting out a small rectangular window on an index card and sliding it over your copy as you read.

[[AdMiddle]8. Read your work backward, starting with the last sentence and working your way in reverse order to the beginning. Supposedly, this works better than reading through from the beginning because your brain knows what you meant to write, so you tend to skip over spelling mistakes when you’re reading forward.

Philip Corbet recently reviewed some of his favorite proofreading tips in his New York Times column ‘After Deadline,’ and I picked up a couple of new ideas there.

  1. Separate proofreading tasks.Read the article through once to just check the spelling, and then read it through again to just check the punctuation. By separating tasks, you’ll be able to focus better on each one.

(He also showed an example of a sentence that looked like a revision gone awry–as though the writer had rewritten the sentence but forgotten to remove remnants of the earlier version–and that really struck a chord with me. Almost every time I post a terrible typo to Twitter or Facebook, it’s because I was repeatedly editing the post to make it shorter and didn’t see that something got left in from an earlier version. So the advice is to be especially careful when you’re revising things at the last second.)

  1. Print your work in a different font with different margins.Bryan Garner, the author of Garner’s Modern American Usage, posted this tip to his Twitter feed: ‘When you’re sick of editing your own work, you should print it in a different font with different margins. It works!’ I’m going to try that one on my next book.

If you want to raise a happy dog who loves to play and cuddle–but still comes when called and doesn’t chew up your favorite shoes–you need Jolanta Benal’s The Dog Trainer’s Complete Guide to a Happy, Well-Behaved Pet: http://bit.ly/upuIhO

Distractions

VIDEO: ‘The Impotence of Proofreading‘ by Taylor Mali.

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Garner’s Ten Legal Writing Tips.

05 Sunday Oct 2014

Posted by Celia C. Elwell, RP in Briefing Cases, Citations, Editing, Legal Analysis, Legal Argument, Legal Writing, Proofreading, Public Domain Citations, Readability, Spell Checking, The Bluebook

≈ Comments Off on Garner’s Ten Legal Writing Tips.

Tags

ABA Journal, Bryan Garner, Computer Legal Research, Editing, Legal Analysis, Legal Citations, Legal Writing, Proofreading

Ten Tips for Legal Writing, by Judith D. Fischer, Legal Writing Prof Blog

http://tinyurl.com/pwlxeyt

Bryan Garner’s latest article in in the ABA Journal is titled Ten Tips for Better Legal Writing. Some Garner of his tips are especially appropriate for law students, who could appropriately paste ‘Don’t rely exclusively on computer research’ on the wall by their work space. That would serve as a reminder that unfocused computer searches are like a box of chocolates–you never know what you’re going to get.  Garner also advises legal writers to be neither too tentative nor too cocksure in their conclusions, both of which are hazards for beginning law students. And Garner’s tenth tip would improve the professionalism of many a student paper: ‘Proofread one more time than you think necessary.’

 

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More Yummy Candy for Writers.

12 Saturday Jul 2014

Posted by Celia C. Elwell, RP in Citations, Editing, Legal Writing, Proofreading, Readability, Spell Checking, Style Manuals

≈ Comments Off on More Yummy Candy for Writers.

Tags

Grammar and Punctuation, Proofreading, Style Manual, The University of Wisconsin-Madison, UW Madison Writer’s Handbook

UW Madison Writer’s Handbook, The Writing Center @ The University of Wisconsin-Madison

http://writing.wisc.edu/Handbook/index.html

For all writers, I strongly recommend a review of all the sections under “Grammar and Punctuation,” but especially: “Subject-Verb Agreement,” “How to Proofread,” “Twelve Common Errors: An Editing Checklist,” and “Clear, Concise Sentences.”

If you are a legal writer, please note that this style manual’s rules on citations are not in sync with The Bluebook, ALWD, or court rules. -CCE

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Handouts From The Writing Center.

18 Wednesday Jun 2014

Posted by Celia C. Elwell, RP in Citations, Footnotes, Legal Writing, Plagiarism, Plain Language, Proofreading, Quotations, Readability, Spell Checking

≈ Comments Off on Handouts From The Writing Center.

Tags

Grammar & Punctuation, Handouts, Legal Writing, The Writing Center, University of North Carolina at Chapel Hill, Writing, Writing Guide

Handouts, The Writing Center, The University of North Carolina at Chapel Hill

http://writingcenter.unc.edu/handouts/

Not necessarily for legal writers, but downright handy nonetheless. The folks who put this together are kind enough to share this valuable resource, and welcome your ideas and suggestions. At the bottom of the post’s page, you will find contact information for contributions. Please give back if you can as thanks for this thoughtful gift. -CCE

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Candy For Writers! Grammar Girl’s Editing Checklist.

14 Saturday Jun 2014

Posted by Celia C. Elwell, RP in Legal Writing, Proofreading, Readability, Spell Checking

≈ 1 Comment

Tags

Editing, Grammar, Grammar Girl, Legal Writing, Mignon Fogary, Punctuation, Spellchecking, Writing

Grammar Girl’s Editing Checklist, Mignon Fogary, Grammar Girl Blog

http://tinyurl.com/qy3efup

At the end of a recent writing webcast, we distributed a Grammar Girl editing checklist that turned out to be so popular we decided to make it widely available. Print out the checklist and keep it on your desk as a handy reference to use when you’re editing.

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Best Brief Writing Checklist.

08 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Citations, Footnotes, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Quotations, Readability, Spell Checking, Statement of Facts, Summary of the Argument

≈ 1 Comment

Tags

Brief Writing, Citations, Hon. Patricia M. Wald, Legal Argument, Persuasive Writing, Proofreading

“Briefly Speaking,” Brief Writing – Best Practices, Washington State Court of Appeals, Division I, CLE

 http://tinyurl.com/lsrzxjy

This is the essence of writing a persuasive and winning brief. Each section is important. Ignore the guidance here at your peril.

The icing on the cake is the advice from the Hon. Patricia M. Wald, Judge of the United States Court of Appeals for the D.C. Circuit, taken from her article, “19 Tips from 19 Years on the Appellate Bench,” The Journal of Appellate Practice and Process, Vol. 1, No. 1 (Winter 1999).  She is right – this is your opportunity to tell your client’s story. Short and to the point is always more persuasive than long-winded recitations of fact and case law.

Make this your brief writing checklist. -CCE

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The ITS Style Guide – Put This One In Your Legal Writing Toolbox.

02 Monday Jun 2014

Posted by Celia C. Elwell, RP in Legal Writing, Proofreading, Spell Checking

≈ Comments Off on The ITS Style Guide – Put This One In Your Legal Writing Toolbox.

Tags

Grammar, ITS Style Guide, Legal Writing, Punctuation, The University of Texas at Austin, Writing, Writing Guide, Writing Style

ITS Style Guide, The University of Texas at Austin

http://www.utexas.edu/its/style/written/misused.php

Easy Peasy. Definitely worth a bookmark. -CCE

The ITS Style Guide is an online reference for the Information Technology Services (ITS) department at The University of Texas at Austin. It promotes consistency in ITS publications with a focus on technical communications. The Guide covers correct writing styles, word usage, capitalization, punctuation, and other issues that arise in written communications.

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A Recommendation for Legal Writing Experts.

01 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in ALWD, Brief Writing, Citations, Footnotes, Legal Analysis, Legal Argument, Legal Writing, Parentheses, Spell Checking, The Bluebook

≈ Comments Off on A Recommendation for Legal Writing Experts.

Tags

Advanced Legal Writing & Editing, Bryan Garner, Legal Writing, Making Your Case, Raymond Ward, the (new) legal writer, The ALWD Citation Manual, The Bluebook, The Redbook

The Redbook (3d ed.), by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/nlqx3zy

If Raymond Ward says it, you can take it to the bank. I have followed his legal writing blog for years. Look for sound advice on superb legal writing. -CCE

Today I attended a triple-feature CLE by Bryan Garner: Advanced Legal Writing & Editing, The Redbook, and Making Your Case. To see whether Bryan’s spring tour will visit your city, click here to see the schedule. What I want to talk about this evening is what I learned in the Redbook portion of the seminar.

For years, I have had the first edition of the Redbook on my office bookshelf. For those unfamiliar with this book, it’s a style manual for legal writers. If you have a question about the right word, right punctuation, or right way to do something in legal writing, this book endeavors to answer your question. I’ve found it a useful reference for answering questions that arisen when writing a brief or editing another’s brief.

First, this preface: I am not one who immediately buys the next edition of whatever if the current edition remains serviceable. I use so-called outdated versions of the Bluebook and ALWD Citation Manual, because they still answer any question I have ever had about how to cite something. So since the first edition of the Redbook has served me well, I did not rush out to buy the second or third editions.

Having said that, here is my point: if you don’t have the third edition, get it. . . .

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