- This raises the question why. Why do we not consult writing sources enough. We're too busy? We're ignorant of our own writing deficiencies? We're overconfident about our writing knowledge? Yes.
This lawsuit was initiated by Roger T. Howard (hereinafter "Howard") and Leticia Howard (hereinafter "Leticia" and, together with Howard, the "Plaintiffs” or “Howards") against Austin National Bank (hereinafter "ANB") and Farm Enterprises Service Company (hereinafter "FESCO") for injunctive relief under the Texas Seed Arbitration Act (hereinafter “TSAA").
We've all seen writing like this. I think it's poor. Here's my advice.Howard and Leticia assert that FESCO violated the provisions of the TSAA when FESCO refused to replace allegedly defective seed. Plaintiffs also assert that FESCO's lender, ANB, pressured FESCO to refuse to replace the seed, and the Howards have asserted claims against ANB as well.
This lawsuit was initiated by Roger T. Howard and Leticia Howard against Austin National Bank and Farm Enterprises Service Company for injunctive relief under the Texas Seed Arbitration Act.
Roger and Leticia assert that Farm Enterprises violated the provisions of the Act when it refused to replace allegedly defective seed. The Howards also assert that Farm Enterprises' lender, Austin National Bank, pressured Farm Enterprises to refuse to replace the seed, and the Howards have asserted claims against the bank as well.
I sent the letter.But with passive voice, they get out of typical, expected order, and end up like this:
The letter was sent [by me].Second, the passive voice emphasizes the thing acted upon and obscures the actor. Of course, in legal writing you may want to obscure the actor, and you may want to emphasize the thing acted upon. For example, you may want to emphasize that the letter is being sent and de-emphasize who sent it. That's fine, as long as you do it intentionally and sparingly. But for most texts, better writers don't want to emphasize the thing that something was done to; they want to emphasize who did it. So better writers use the passive voice rarely.
The motion was filed, a hearing was held, and a ruling was issued.Are you emphasizing these three items, the motion, hearing, and ruling, or avoiding naming the actor? If so, this sentence is fine. If not--
The district attorney filed the motion, both lawyers attended a hearing, and the judge issued a ruling.Test yourself. What is the passive-voice construction here?
The test might have been easier for students if it had been designed to measure their memories.Remember, the passive voice requires a "be" verb and a past participle. "Been easier" is not passive voice; "easier" is not a past participle. The passive-voice construction is "been designed." In the active voice:
The test might have been easier for students if the professor had designed it to measure their memories.