Some common problems in legal writing, a series--part 3: Care in proofreading

Care in Proofreading

The original text had problems in these areas:
  • Incorrect plurals
  • Redundancy
  • Incorrect verb forms
  • Incorrect English usage (words)
I have placed these problems in a category I call "care in proofreading" because these are the kinds of writing problems you catch when carefully proofreading. Most of the time, a lawyer would recognize these as mistakes--if the lawyer sees them. But if the lawyer doesn't proofread carefully, the lawyer will miss them.

I have already confessed that I'm not a great proofreader, but here's my advice.

A professional approach to proofreading from an expert:
  1. Read the entire document, or a good-sized chunk of a larger document, through once slowly, reading for overall content and meaning.
  2. Read the document through even more slowly, this time aloud and correcting all errors you find.
  3. Read the document a third time, silently or aloud, focusing especially on trouble spots.
  4. Read the document backwards.
  5. Skim the document at arm’s length.
Debra Hart May, Proofreading Plain and Simple 113-114 (Career Press 1997).

Based on advice from that book, here's a professional guide to the time spent preparing a legal document:
  1. Prewriting (30%) Prewriting is identifying and refining your document’s purpose and your understanding of your reader’s needs, then organizing your initial ideas into a general game plan.
  2. Writing (15%) Actually writing the document. To write effectively, work quickly, loosely following your game plan, seldom stopping to make changes.
  3. Editing (50%) Editing is clarifying, strengthening, and condensing the communication you attempted at the writing stage.
  4. Proofreading (5%) Proofreading is polishing the final draft, ensuring that no errors in communication, however small or seemingly insignificant, make it through to the intended reader.
Here are some good sources to consult when proofreading.

Anne Enquist & Laurel Currie Oates, Just Writing: Grammar, Punctuation, And Style For The Legal Writer (2d ed. Aspen L. & Bus. 2005).

Black's Law Dictionary (Bryan A. Garner, ed., 8th ed., Thomson West 2004).

Bryan A. Garner, A Dictionary of Modern Legal Usage (2d ed., Oxford U. Press 1995).

Bryan A. Garner, The Redbook: A Manual on Legal Style (2d ed. Thomson West 2006).

C. Edward Good, A Grammar Book for You and I (Oops, Me) (Capital Books 2002).

Mary Barnard Ray & Jill J. Ramsfield,Legal Writing: Getting It Right and Getting It Written (4th ed., Thomson West 2005).


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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