You occasionally hear someone say that none requires a singular verb: None is there, never None are there. Is that right? Unequivocally no. For more than 1,200 years, English speakers and writers have said none are—especially in sentences like None of them are, where the subject is None (not them). In fact, None of them are is more than twice as common in modern print as None of them is. The pedants’ argument is that none is a contraction of not one, and etymologically that’s pretty much true. But you must go way back i ..read more

You face several challenges as a writer, some of which you might not even be fully conscious of. But the big ones are obvious: “I don’t have the time!” The reality is that you must have the time. You must make the time. Lawyers must write more efficiently today than ever before. The good news is that you can learn a four-step technique to enhance speed and quality—no matter how effective you think you already are. You’ll produce better work in less time. “I’m constantly interrupted!” If disturbances keep grinding you to a halt, you must develop some habits to preempt the pr ..read more

 For purposes of this lesson, the term professional football player (hyphenated when functioning as a phrasal adjective) means “lexicographer.” In law, the “professional-football-player rule” is the principle that a drafter may explicitly define terms in ways that are peculiar to the legal instrument in which they appear. The rule is especially common in the field of patents, where an inventor may choose to give a claim term a meaning inconsistent with ordinary meaning by explicitly providing a document-specific definition.   The canonical statement is that “it is a well-es ..read more

 Given that the law is a profession whose sole tool is language, it’s hardly surprising that the legal profession—especially those at the top of it—are fixated on it. The most penetrating scholarly commentators discuss legal language astutely. The same is true of judges. If you examine U.S. Supreme Court opinions, you’ll find close examination of grammar and meaning. Here is the barest sampling of recent examples: “Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun ‘crab’ refers variou ..read more

Ernest Hemingway was speaking a truth about all professional writers when he said, “You can write anytime people will leave you alone and not interrupt you.” That assumes you have something to declare. But the upshot is that in Hemingway’s view, it’s amateurish to wait on “inspiration.” These days, you must have the discipline not to interrupt yourself when writing—to turn off your cellphone, silence your alerts, and avoid social media. (You can’t check the number of “likes” for your most recent post.) It’s not enough to have other people leave you alone: you mustn’t allow your own h ..read more

Clarity entails several cardinal virtues, including unity of purpose, sensible division, logical arrangement of material, and the consistent illustration of generalities with specific examples. Here we’ll focus on the first of these: unity. The neglect of it—commonly seen in the introduction of irrelevant facts—is a prime source of obscurity. No formula will enable you to omit everything that doesn’t belong. It simply takes intelligence and the determination not to wander off point. Much depends on the scale of the overall composition and the degree to which details can be marshaled in support ..read more

Writing can never be anything other than a lonely business. In the initial shaping of what you write, you’re going solo. If that’s true, then of what help can outside influences be? How can instruction help? Three main answers. First, the problems common to all writers are predictable. It’s not as if every writer’s struggles are unique. Coming to understand this truth is itself a major help. Second, the best writing comes when you want to write. You must genuinely yearn to get your point across to others. The question, then, becomes how to prompt this feeling—how to become excited ab ..read more

One sign that a language is alive is that it evolves. Latin, a dead language, stopped changing the moment people stopped using it in everyday life. But thriving languages change constantly, though slowly. Chaucer noticed this truth as far back as 1385: Ye knowe ek that in forme of speche is chaunge Withinne a thousand yer, and wordes tho That hadden prys now wonder nyce and straunge Us thenketh hem, and yet they spake hem so. —Troylus and Criseyde 2:22–25. That’s a self-proving statement from 639 years ago. We recognize the meaning of the passage even as we see the extent of the linguist ..read more

It’s a truism that a clear writing style comes from a clear mind. The necessary corollary is that unclarity proceeds from a hazy mind, which will inevitably produce an unintelligible jumble. But this isn’t a prescription for good writing. You can’t just say, “Think more clearly!” and be done with it. No. People need exercises in precise thinking and lucid utterance. It’s a mental discipline you must practice pretty steadily. Along the way, it’s helpful each day to study good models. The idea is to observe keenly and reason soundly. Let’s say you’re an associate at a law firm, or a sh ..read more

What does The New Kid on the Block or any other poetry book by Jack Prelutsky have to do with lawyers’ writing? (If you don’t know his books, they’re perfect for reading aloud to kids.) In some ways, a great deal. A few years ago, Prelutsky was asked what he does when his writing isn’t going well. He answered that he’s gotten better and better at recognizing when his work isn’t effective: “I’m getting better . . . probably just through practice. I learned by doing, by writing and polishing what talent I might have had to start with.” His biggest help? Reading: “I read ..read more