Skip to Content
  • Home
  • About the Bar
  • Mission
  • Forms
  • Sitemap
    • Licensee Directory
      Last Name:
      First Name:
      Bar Number:
      City:


    • Login
OSB Logo

Oregon State Bar Bulletin — NOVEMBER 2012



The Legal Writer

A Matter of Style:
About That Legal Writing
By Megan McAlpin

This morning, my 6-year-old daughter was writing a very sweet little note. And while she knew how to spell all the words, she was having some trouble deciding which letters needed to be capitalized. She would pause every now and again and ask, “Is the a capitalized here?” And I kept answering, patiently, until I realized that she didn’t really understand that a sentence typically gets only one capital letter. So I explained the rule.

And then I realized that I wasn’t entirely sure that one capital per sentence was a rule at all. As I looked at her heavily capitalized sentence, I suddenly realized that it might just be the way I’ve always done it. It might just be a matter of style. So, while I confidently advised her on this carved-in-stone grammar rule, I was also having the kind of self-doubting crisis that only a questioned-filled six-year-old can induce.

The English language is a tricky thing. Because, for all its rules, a lot of the questions a six-year-old (or any of us really) might ask aren’t actually covered by the rules. Instead, the answers to these questions are, “it depends” and “it’s a matter of style.” But those answers aren’t really all that comforting to a new lawyer writing for a curmudgeonly judge or supervisor. And those answers aren’t all that helpful to the mid-level associates who are collaborating on a brief and can’t decide whether to insert one or two spaces after each period.

Style Guides

Since the rules aren’t always black and white, you need a style guide. The Chicago Manual of Style is one of the most popular style guides. But there are also style guides, like The Redbook: A Manual on Legal Style, that are written specifically for lawyers. A style guide simply tells writers how to handle grammar and writing problems that are still unresolved. Style guides typically cover things like punctuation, spelling and formatting. I suppose there are a few lucky folks out there who were provided with a style guide upon entering their places of employment. But, for the rest of us, we have to find a way to navigate these murky waters without wasting a lot of time. Buying a style guide just might be worth it.

If you’re still not convinced that you need to rush out and purchase a style guide, the following are just a few unresolved issues that might convince you that having that style guide might come in handy after all. (For some great suggestions on grammar and style guides, take a look at “Five Tools for Writing Fixes: Stocking the Legal Writer’s Toolbox,” by Tenielle Fordyce-Ruff, OSB Bulletin, June 2010.)

Spacey Periods

Punctuation, it turns out, can actually be a matter of style. First, there’s the hotly contested debate about whether to use one or two spaces after a period. (Full disclosure: As I write this article, I’m inserting two spaces after each period. The editor of this column is probably going to take one of those spaces out.) Some people are adamantly on one side or the other. Other people simply do one or the other out of habit.

The problem, of course, is that there is no rule. Most style guides seem to encourage the use of a single period. In fact, even legal style guides suggest that two spaces after a period make sense only if you’re using a typewriter. Even so, some curmudgeons continue to insist that two spaces more clearly separate legal citations — themselves often filled with periods — from the text.

Supreme Apostrophes

But the period is not the only punctuation mark that’s shrouded in scandal and controversy. The apostrophe has problems all its own. In fact, the apostrophe has even divided the U.S. Supreme Court. That’s right. In Kansas v. Marsh, 548 U.S. 163 (2006), the Court was making a decision about a statute from the state of Kansas. In his majority opinion, Justice Thomas made Kansas possessive by simply adding an apostrophe, referring to Kansas’ statute. Justice Souter wrote the dissenting opinion and made Kansas possessive by adding both an apostrophe and an –s, referring throughout to Kansas’s statute.

Which one is right? Well, it’s a matter of style. Some guides would side with Justice Thomas while others would side with Justice Souter. If you’re now asking, in a rather exasperated tone, “No really, which one is right?” know that I am just as exasperated and answering, “Neither. Both.” It’s a matter of style. I know what I do. But I also happen to know that several of my colleagues disagree with me. I suppose we’ve come to a sort of impasse, which is fine as long as we are all writing articles separately.

But, if we ever decide to collaborate, we’re going to have to come to some agreement. I suppose that means agreeing on a style guide, something that Justice Souter and Justice Thomas just might not have been able to do.

Stylish Spelling

Spelling seems like one of those things that is either right or wrong. And, for the most part, spelling is pretty much black and white. But English words are often spelled differently in American English than they are in British English. Now, this distinction wouldn’t be difficult except that the two can sometimes mix.

For instance, in The Redbook, Bryan Garner advises that words that end with –ogue usually drop the –ue in American spelling. So, catalogue becomes catalog and dialogue becomes dialog. But he also advises that it’s never an error to retain the –ue and that, in fact, that’s the preferred spelling in legal writing. So, you could end up writing a letter to your client about a contract dispute concerning a catalog, then filing court documents in the same dispute about a catalogue.

Now the reality is that a dictionary will alert you to most of these spelling differences. Most dictionaries will tell you that it’s either dialogue or dialog. But a dictionary won’t necessarily tell you why. And that’s where a style guide can be helpful. It will alert you to the issue and help you to make a solid, informed decision about your writing. It might also help you to convince a co-author that you’re right (whatever that might mean).

Formatting with Flair

Finally, and maybe not surprisingly, formatting can be a matter of style. What might be surprising is that, of all the style questions, questions of formatting are most easily resolved for lawyers. Questions of formatting are most easily resolved because we do have style guides for formatting — they are called court rules.

But, while court rules should certainly be your default when writing to a court, they shouldn’t necessarily always be your default. For example, while many courts require double-spacing, many style guides will recommend single-spacing documents. There are relative advantages and disadvantages to both. Single spacing can be easier to read while double spaced documents are often easier to edit. As another example, many courts dictate the font style and size (e.g., Times New Roman 12), while some readers find nonserif fonts (the ones without the fancy tails on the tips of letters, like Calibri) or larger sizes easier on the eyes. The court will have a preference laid out in court rules. Take advantage of this easy way of knowing what your reader’s expectations are.

But, when you don’t have the advantage of knowing your reader’s expectations, see if there’s a way for you to find out anything at all about your reader or her preferences. Because readers and writers can be picky about matters of style and you never know when you might hit a nerve. So, try to read something she’s written or ask colleagues who have worked with him. Or, better yet, ask her what style guide she uses.

Conclusion

I happen to be very patient with my daughter’s capitalization quirks, but I feel pretty confident that if she comes home some day with liberal ideas about using their as a singular pronoun, I may have to set aside my feelings about the stylistic problems of clichés and give her the not as long as you’re living under my roof speech.

 

ABOUT THE AUTHOR
Megan McAlpin teaches legal research and writing at the University of Oregon School of Law. She also directs the law school’s clinics and externships program. You may contact her at mmcalpin@uoregon.edu, using your own style.

An archive of  The Legal Writer articles is available here.

© 2012 Megan McAlpin


— return to top
— return to Table of Contents



  • For The Public

      Public Legal Information

    • Public Information Home
    • Legal Information Topics
    • Oregon Juror Guide
    • Submit Ethics Complaint

    • Getting Legal Help

    • Finding The Right Lawyer
    • Hiring A Lawyer
    • Lawyers Fees

    • Client Services

    • Client Assistance Office
    • Client Security Fund
    • Fee Dispute Resolution
    • Public Records Request
    • Locating Attorney Files

    • Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    • Volunteer Opportunities

    • Public Volunteer Application
  • For Licensees

    OSB Login

    • Log In To OSB Site
    • Licensee Account Setup
    • Non-Licensee Account Setup
    • Reset Password

    OSB Resources

    • Attorney's Marketplace
    • Career Center
    • Events
    • Forms Library
    • Online Resources
    • OSB Group Listings
    • Performance Standards
    • Rules Regulations and Policies
    • Surveys and Research Reports
    • Unclaimed Client Funds
    • Voting Regions and By-City
      County Information

    Benefits for
    Oregon Lawyers

    • Log in to Decisis
    • – Decisis Information
    • – Decisis FAQ
    • – Inactive Licensee Subscriptions
    • No Cost Trust & Billing Software

    Legal Ethics

    • Legal Ethics Home
    • Find an Ethics Opinion
    • Bulletin Bar Counsel Archive

    Company Administrator

    • Company Administrator Home
    • Company Administrator FAQ
    • Authorization Form

    State Lawyers
    Assistance Committee

    • SLAC Info

    Volunteering

    • Volunteer Opportunities

    Court Information

    • Judicial Vacancies
    • Court Info | Calendars | Jury Info
    • Oregon Attorneys
      in Federal Court
    • Tribal Courts of Oregon

    OSB Publications

    • Bar Bulletin Magazine
    • – Bulletin Archive
    • – Legal Writer Archive
    • Capitol Insider
    • Disciplinary Board Reporter

    PLF Programs

    • (OAAP) Oregon Attorney
      Assistance Program
    • Practice Management Attorneys
    • Malpractice Coverage
  • CLE/Legal Publications

    CLE Seminars

    • CLE Seminars Home
    • Online Seminar Registration
    • General Info/FAQ

    My Account

    • My Content
    • My Events
    • Order History

    Legal Publications

    • Legal Publications Home
    • Log in to BarBooksTM
    • BarBooksTM FAQ
    • Online Bookstore
    • Legal Pubs Blog
  • Bar Programs

    Diversity & Inclusion

    • Diversity & Inclusion Home
    • Diversity Story Wall
    • D&I Programs
    • ACDI Roster
    • D&I Staff Contacts
    • D&I Links

    Legislative/Public Affairs

    • Legislative Home
    • Committee Contacts
    • Legislative Sessions
    • Staff Contacts
    • Useful Links

    Legal Services Program

    • LSP Home

    Oregon Law Foundation

    • OLF Home
    • Partners in Justice

    Fee Dispute Resolution

    • Fee Dispute Resolution Home

    Pro Bono

    • Pro Bono Home
    • Pro Bono Reporting
    • Volunteer Opportunities

    Lawyer Referral and Information Services

    • RIS Login
    • Summary of Referral and Information Services Programs
    • Lawyer Referral Service Info and Registration
    • Modest Means Program Registration Forms
    • Military Assistance Panel Training Info and Registration Form
    • Problem Solvers Registration Form
    • Lawyer To Lawyer Registration Form

    (LRAP) Loan Repayment Assistance Program

    • LRAP Home
    • LRAP FAQ
    • LRAP Policies
  • Licensee Groups

    Sections

    • Section Info/Websites
    • Joining Sections
    • CLE Registration Services
    • Standard Section Bylaws (PDF)
    • Leadership Resources
    • Treasurers Tools

    Committees

    • Home
    • Leadership Resources
    • Professionalism Commission
    • Volunteer Opportunities

    House of Delegates

    • HOD Home
    • HOD Resources
    • Meetings
    • Rules (PDF)
    • Roster (PDF)
    • Staff Contacts

    Board of Governors

    • BOG Home
    • Meetings & Agendas
    • Members
    • Liaisons
    • Committees
    • Resources
    • Task Forces

    Oregon New Lawyers Division

    • ONLD Home
    • Law Students
    • Student Loan Repayment
    • Committees
    • Upcoming Events

    Task Forces and Special Committees

    • Task Forces Home

    Volunteer Bars

    • List/Contacts
    • Leadership Resources

    Volunteering

    • Volunteer Opportunities
  • Licensing/Compliance

    Admissions

    • Admissions Home
    • Alternative Admittance
    • Applicants for Admission
    • Admissions Forms
    • Past Bar Exam Results

    Supervised Practice Portfolio Examination

    • SPPE Home

    Licensed Paralegal Program

    • LP Home

    Lawyer Discipline

    • Discipline Home
    • Disciplinary Board Reporter
    • Disciplinary Boards
    • Client Assistance Office
    • (SPRB) State Professional Responsibility Board

    Membership Records

    • Address Changes
    • Good Standing Certificate
    • Request Discipline File Review

    MCLE

    • MCLE Home
    • Program Database
    • Forms
    • Rules (PDF)

    IOLTA Reporting

    • IOLTA Home
    • IOLTA FAQ
    • No Cost Trust & Billing Software

    Licensing Fees

    • Licensing Fee FAQ
    • Licensing Fee Payment

    Status Changes

    • Status Changes FAQ
    • Inactive Status Form
    • Retired Status Form
    • Active Pro Bono Status Form
    • Reinstatement Forms
    • Resignation Form A
    • Pending Reinstatements

    Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    Pro Hac Vice/Arbitration

    • Pro Hac Vice
    • Arbitration

    New Lawyer Mentoring Program

    • New Lawyer Mentoring Program Home

    Professional Liability Fund

    • Professional Liability
      Fund Website
For The Public

Public Information Home
Legal Information Topics
Oregon Juror Guide
Finding The Right Lawyer
Hiring A Lawyer
Lawyers Fees
Client Assistance Office
Public Records Request
Unlawful Practice of Law
Fee Dispute Resolution
Client Security Fund
Volunteer Opportunities
for the Public

For Licensees

BarBooksTM
Bulletin Archive
Career Center
Decisis
Judicial Vacancies
Legal Ethics Opinions
OSB Group Listings
OSB Login
OSB Rules & Regs
SLAC Info
Surveys and Reports
Volunteer Opportunities

CLE/Legal Pubs

CLE Seminars Home
Legal Publications Home

Bar Programs

Diversity & Inclusion
Fee Arbitration/Mediation
Legal Services Program
Legislative/Public Affairs
Loan Repayment
Assistance Program

Oregon Law Foundation
Pro Bono

Licensee Groups

Board of Governors
Committees
House of Delegates
Volunteer Bars
Oregon New
Lawyers Division

OSB Sections
Professionalism
Commission

Volunteer Opportunities

About The Bar

About the Bar
ADA Notice
Contact Info
Copyright Notice
Directions to the Bar
Meeting Room Rentals
Mission Statement
OSB Job Opportunities
Privacy Policy
Staff Directory
Terms of Use

Licensing/Compliance

Admissions
Client Assistance Office
Client Security Fund
IOLTA Reporting
Lawyer Discipline
MCLE
Licensee Fee FAQ
New Lawyer
Mentoring Program

Professional Liability Fund
Status Changes

Oregon State Bar Center

Phone: (503) 620-0222
Toll-free in Oregon: (800) 452-8260
Facsimile: (503) 684-1366

Building Location:
16037 SW Upper Boones Ferry Road
Tigard, OR 97224

Mailing Address:
PO Box 231935
Tigard, OR 97281

Oregon State Bar location Map

Copyright ©1997 Oregon State Bar  ®All rights reserved | ADA Notice | Mission Statement | Privacy Policy | Terms of Use