FOOTNOTES
Use footnotes sparingly. If something is important, don’t hide it in a
footnote. If it is not important, why are you including it? Some attorneys use
footnotes as a way of fitting their briefs within the page limitations imposed by the
courts. The courts are well aware of this trick and probably ignore the footnotes in
most of these situations. I too am aware of this trick, so think twice before
applying it to your LRW assignments.
MISPLACED MODIFIERS
A modifier is a word, phrase, or clause that describes or clarifies another
word in the sentence. A modifier is misplaced if the reader might think the
modifier applies to a word different than the word the author intended. Here’s an
example from Richard Wydick’s Plain English for Lawyers: “Being beyond any
doubt insane, Judge Weldon ordered the petitioner’s transfer to a state mental
hospital.” Who is insane—the judge or the petitioner? You can clear up the
ambiguity by relocating the modifier. If the insane person is the petitioner, write:
“Judge Weldon ordered the insane petitioner transferred to the state mental
hospital.”
ENDING A SENTENCE WITH A PREPOSITION
Avoid ending a sentence with a preposition. Prepositions include words like
above, below, across, against, ahead of, along, around, behind, beneath, beside,
between, from, inside, hereby, off, through, toward, under, with, and within. The
goal of the rule is to end sentences with strong words, not weak ones. This rule is
not thought to be as important as it once was, but you should continue to adhere to
the rule unless it results in an awkward or stilted sentence.
SPLITTING INFINITIVES
An infinitive is a verb preceded by to, e.g., “to run,” “to sit.” Here is an
example of a split infinitive: “It is not necessary to quickly run to the store.”
Instead, write: “It is not necessary to run quickly to the store.”