By John F. Sase
Assisted by
Gerard J. Senick, chief editor
Julie G. Sase, copyeditor
William A. Gross, researcher
"Collaboration is all about rewriting and rewriting and rewriting and helping each other to improve a piece constantly. And it's also about spurring each other on to doing really great, hard work it's easier to do it in a collaboration than on your own."
–Alan Menken (1949- ), American Musician
Prelude
This month, we continue our exploration of the art of writing for those who work at Law offices. In Part One, we addressed topics such as the organization of material and ideas; clear and accurate sentence structure; and correct spelling, punctuation, and grammar. This month, we address tools, techniques, and fluency and provide suggestions for revising documents that include keeping writing focused, clear, and engaging.
In my (Dr. Sase's) work as a Forensic Economist, I have found that attorneys occasionally lament the fact that some of their hires, often recent law-school graduates, flounder in their writing of essential documents such as the Complaint and the Brief for a case. In addition, lower editing standards have spilled over into the work of Legal Assistants and other law-office staff. This results in the perceived impression by the client of a lack of professionalism-or even the capability-of a given firm.
As we mentioned in our previous discussion, research is writing and writing is research; they are inseparable. Also, the linearity in a document emerges from assembling the mosaic of small pieces-the freeform jigsaw puzzle of sketches and phrases that evolves into a finished manuscript.
Some Suggestions for Revision
As attorneys and their experts write to an implied and imagined audience of judges, jurors, and other professionals, they need to remember who constitutes their readership. If one can identify a specific person, then so much the better. Furthermore, this focus must increase and tighten during the process of revision.
As tedious as the act of correction may seem, style flows from it. This act represents a skill that any writer can learn. Essentially, modification involves as many rewrites as possible over as long of a time as is feasible. The common practice of undergraduates or law-school students writing papers the night before they are due (with the help of a Red Bull or two) usually leads to a lack of quality and merit. Students claim that they have no time to complete multiple rewrites with last-minute pieces.
However, reaching and persuading the implied reader requires a focused clarity that evolves during revision. Therefore, when you, the attorney or other professional, write a targeted document, we suggest reviewing your first draft carefully and making appropriate changes. Ask yourself, "Is what I am stating clear and understandable? Does my work achieve the goal or goals that I want? As you rewrite, envision your critical readers and look them square in the eyes.
Copyediting
In a large firm, partners assigned with the duty of copyediting may spread this work among many people. In a small practice, it may fall to a single person. Concerning the revision-techniques relevant to those in the field of Law and related professions, Amy Einsohn has prepared "The Copyeditor's Handbook: A Guide for Book Publishing and Corporate Communications" (University of California Press, 3rd ed., 2011). Einsohn presents a practical manual for revising professional papers. She explains the function of a copyeditor, what to look for in editing drafts, and how to develop sound editorial judgment. For example, Einsohn discusses the levels of copyediting, including the quality of the writing by the author, his/her intended audience, and the available budget.
(Continued) ...
