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This thread will highlight my top ten writing tips.
Tip 1: Use very, very short sentences. One subject, and one verb. Readers can get lost in sentences with multiple clauses. If you have a semi-colon or em-dash, make a new sentence. My rule of thumb: if the reader has to read a sentence more than once, I've failed as a writer.
Tip 2: Do not use adjectives or adverbs. Wherever possible, use nouns to describe concepts. Adjectives allow the author to be lazy, and fail to accurately explain what is going on. Drop the crutches.
Tip 3: The words "this" and "that" should always be followed by a noun. "This case" or "that holding." Far too many authors (including judges) will simply say "This is why" or "That explains why." Readers often do not know what "this" or "that" refers to.
Tip 4: Try not to use the word "it." Use a noun instead. Most sentences have several subjects, and the word "it" could refer to multiple subjects. Definitely do not use the word "it" multiple times in a sentence. The reader will get lost.
Tip 5: Try not to use the word "because" in the middle of a sentence. That construct forces you to string together three concepts in a single sentence: Premise 1, "because," and Premise 2. I prefer three sentences: Premise 1. Why? Premise 2.
Tip 6: Never start a sentence with "while" or "although." That intro forces the reader to negate everything that comes afterwards, without the end goal in sight. It is exhausting. Also, the two contrasting premises are seldom parallel. Simply a second sentence with the contrast.
Tip 7: Place the subject as close as possible to the beginning of the sentence. When a reader starts a sentence, and has no idea what the subject is till the end, he will invariably have to reread, or at least reconsider the sentence. And while he is reading, there is ambiguity.
Tip 8: Stop writing, "Justice X, writing for the majority, held." Instead, use: Justice wrote the majority opinion. He held" This alternate phrasing is so much easier to read, and takes up the same amount of words.
Tip 9: Try not to use the word "apply." For example, "the Court applied strict scrutiny." No, "the Court reviewed the statute with strict scrutiny." The latter framing actually explains to the reader what the court did.
Tip 10: Try not to use the word "under." For example, "that statute was unconstitutional under the Due Process Clause." Better: "that statute violated the Due Process Clause." The key word is "violated." Under doesn't add anything.
These tips are guidelines, not ironclad rules. I often break my own guidelines. Yet, I always have an internal debate before doing so. My ultimate goal is clarity. Any extra word, phrase, or syllable that reduces clarity must be justified. I labor over every sentence I write.
