George Orwell Orwell’s rules for better writing are:
• Never use a metaphor, simile, or other figure of speech which you are used to seeing in print. • Never use a long word where a short one will do. • If it is possible to cut a word out, always cut it out. • Never use the passive where you can use the active. • Never use a foreign phrase, a scientific word or a jargon word if you can think of an everyday English equivalent. Orwell wrote, “These rules sound ele-
mentary, and so they are, but they demand a deep change of attitude in any- one who has grown used to writing in the style now fashionable.”
Steven Taylor Steven Taylor wrote, “Poor writing
skills can turn off potential clients or oth- ers, whether it’s in an email message or a formal proposal. It doesn’t matter if you’re the best lawyer for the job because people do draw conclusions based on the quality of your writing.” Taylor’s five basic writing tips are:
• Learn to recognize legalese. • Use the active voice rather than the pas- sive voice (at least the majority of the time). • Avoid there-is constructions (and there- are, there-was, etc.). • Don’t trust the word-processing thesaurus. • Keep it simple. Taylor also wrote, “These few guide-
lines can help cut the clutter, jettison the legalese baggage and, if not make a docu- ment ‘sing,’ at least make it clear, concise and readable.”
John Roberts and Antonin Scalia Supreme Court Chief Justice John
Roberts and Associate Justice Antonin Scalia are generally considered to be the strongest writers on the current court. Interviewer Bryan Garner asked
Roberts, “Do you enjoy reading briefs?” JULY 2011 The Advocate Magazine — 95
“If they’re good. . .there’s nothing
better than a well-written brief. I have yet to put down a brief and say ‘I wish that had been longer.’ So while I enjoy it, there isn’t a judge alive who won’t say the same thing. Almost every brief I’ve read could be shorter.” Justice Scalia offers these suggestions
for effective writing: “Brevity. Simple, straightforward English. Clear identifica- tion of the issues. A reliable statement of the facts.” Scalia also urges lawyers to strength-
en their command of written English. “You would have no confidence in a carpenter whose tools were dull and rusty.
Lawyers possess only one tool to convey their thoughts: language. They must acquire and hone the finest, most effec- tive version of that tool available. They must love words and use them exactly.” Scalia adds “Cultivate precise, gram-
matically accurate English; develop an appealing prose style; acquire a broad vocabulary.” It’s safe to say that George Orwell
would agree with Justice Scalia and Steven Taylor, and for what it’s worth, so do I. If you have questions or comments
about this column, feel free to contact me at (213) 487-1212 or by e-mail at
stuart@caala.org.
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