Some common problems in legal writing, a series--part 2: Misplaced or dangling modifiers

Misplaced or dangling modifiers    

When a sentence begins with a dependent clause that modifies a noun, the noun it modifies should come immediately after the clause. If it does not, the clause "dangles" or is misplaced. Often, a misplaced or dangling modifier begins with a present participle ("ing" verb) and so is called a dangling participle.

Sometimes misplaced modifiers strike the reader as humorous because the modifying phrase is applied to a noun in a way that seems odd.

Odd
  • Though not yet accepted by the scholarly community, I have nonetheless engaged in a thorough discussion of this theory.
What is not yet accepted by the scholarly community? The author (I) or the theory? The sentence literally says that the author is not accepted by the scholarly community. But I know the author of that sentence, and this person most certainly is accepted by the scholarly community.

The next two are better versions of the same idea.

Better
  • Though not yet accepted by the scholarly community, this theory is one that I have nonetheless thoroughly discussed.
Better
  • Though this theory is not yet accepted by the scholarly community, I have nonetheless thoroughly discussed it here.
Here is another example:

Odd
  • Speaking forcefully and passionately to the jury, the case was won by defense attorney Juliet Anson.
This sentence literally says that the "case" was speaking forcefully and passionately.

Better
  • Speaking forcefully and passionately to the jury, defense attorney Juliet Anson won the case.

When you write a dangling modifier, your readers will usually get the intended meaning. Even so, there are two problems: (1) the readers might not get it and will be lost, at least briefly, and (2) sophisticated readers--who recognize the misplaced modifier-- will think less of you as a writer.
 

Wayne Schiess
Director of Legal Writing | The University of Texas School of Law | Website | Seminars | Articles | Books:
Preparing Legal Documents Nonlawyers Can Read and Understand | Better Legal Writing | Writing for the Legal Audience | The Legal Memo: A Basic Guide
 

 

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