13. THREE THOUGHTS PER SENTENCE. Do not include more than three thoughts per sentence (write in a format that produces a trilogy [of thoughts]) (eg., lions, tigers or bears), or (apples, oranges or pears). Too much information at one time makes it difficult for the reader to digest the material in the sentence. You run the risk that the reader will give up on the sentence, and read only the the information in the beginning of the sentence.
14. TURNING IN A FINAL DRAFT THAT IS DUE AT THE CLOSE OF THE SEMESTER? Don't be afraid of the red pen. It is just a pen, people. Studies have shown that professors that grade with a red pen make students more anxious. That, I believe, is probably true. It is also probably true that professors who have not read the study will continue to use a red pen to make markings on a page. What can we do? Run away? There is your answer. We will have to work with the pen until something else comes along.
15. A TOPIC SENTENCE, THESIS STATEMENT, OR CONCLUSION. Every paragraph in a law school paper should start with one of the referenced beginnings. If it is a persuasive piece, start with a conclusion or a thesis statement. If it is not persuasive, but informational, please use a topic sentence. The reader needs to know what your major premise is so that she can follow your logic throughout the paragraph. Your job is to spend the entire paragraph proving up (or, supporting) your conclusion, and the logic behind your statement(s).
16. EXPLAIN IT AWAY. Sometimes, people in the legal profession write a conclusion, and then leave it to the reader to make a judgment call about who is right and who is wrong. Don't do it. Take the guesswork out of the question. Look at every fact and tie the fact to some area of law in the discussion and argue that the law is correct.
You must stand BESIDE the statute if you believe it passes constitutional muster. You cannot stand BEHIND the statute and hope for its constitutionality. You have to articulate it, using words (I know, a bold idea) to convey the message.
17. THERE SHOULD BE A LOGICAL UPGRADE OR TRANSITION FROM ONE SENTENCE TO THE NEXT SENTENCE. No two sentences should say the exact same thing. The next sentence should add something to the previous sentence. However, that next sentence should make a logical jump to the next thought to be discussed (a few inches), and not a huge, gigantic leap (10 feet) beyond the idea in the prior sentence. As you move from one sentence to the next, look to include explanations for the information you have provided. Seek to clarify data and case law. Provide examples that make your point. Distinguish situations that may, in fact, have some bearing on the issue, but, actually contain different facts, or allow for a subtle slant in the law that makes the analysis different than your position.
18. WOW (WASTE OR WORDS). My favorite, fingernails scratching on the board, phrase is, "due to the fact that." I have no idea where this phrase came from, but learn how not to use this one. If you write active sentences, you will not fall prey to words that allow for too much transition.
This an example of a lot of words that don't say anything:
"Although the language in the statute applies to people that choose not to write a contract, based on the law in the Maryland and the District of Columbia, a written contract is not needed for a person to be liable for damages, if the person intended to enter into a contract."
This is a made up sentence that I run into from time-to-time. Don't let a sentence like this one run into you. Be direct. Forthcoming. State the law.
19. SYNTHESIZE CASE LAW WHERE APPROPRIATE. Don't waste all of your precious writing skills naming one case at at time and one rule at a time in a particular document. It will take you forever to explain facts, and then explain the law. Blend the law from the various cases (where appropriate) to show the extension of the rule as it applies today.
20. DON'T USE $10.00 WORDS WHEN A $1.00 WORD WILL DO. You are smart. We know that. There are ways to showcase your brilliance and there are ways that showcase the 40 watt lightbulb in you. You do not have to use multiple, "big" words in a sentence that require the professor to keep a dictionary handy as she courses through your paper. That is so not necessary. Often, I see students make several infractions of "big-word, usage" on every page of his or her paper. It is like walking through a minefield in a thesaurus. You have to jump over words just to get to the end. Don't we say all of the time, "explain it to me like I am a three-year, old." Well, I really mean toddler age. Simple words are not that difficult to follow, and thus do not require unnecessary clarification. Most of us use small, plain words everyday. Incorporate basic simple, easy to understand information, in our papers.
21. NO VALUE LADEN MODIFIERS: Describe your work to the reader. If you describe it, the person will (naturally) create a picture of what you have to say in his head. You need the various pictures to get through to your audience. You cannot say that the defendant was ugly, or that the plaintiff was beautiful. The value in these words is independently assessed based on who we are as individuals; personally. There are no two people that think the exact same way on matters of beauty, and there are no two people that think the same about a so-called, ugly person. You will have to describe characteristics that make a person beautiful or ugly. Then step back and allow the reader to come to his or her own conclusion.
22. SECONDARY SOURCES ARE USEFUL FOR INFORMATIONAL PIECES; NOT NECESSARILY PERSUASIVE DOCUMENTS. Law review articles, books, magazine articles, restatements, treaties, hornbooks, etc., add a great deal to our understanding and knowledge of the law, but they are not considered our primary source, particularly in pleadings.
Stop students treat this information like it is okay to rely on, and place it on a pedestal on par with the United States Constitution, a Federal or state statute, a municipal regulation, rule or policy. It is not. It is what it is. It is a secondary source.
It is not the opinion of the government. It is often (not always) used to bolster policy driven statements, and, as persuasive authority, a court can adopt the position of the author of the article, which would convert it from secondary to primary authority.
23. KNOW IT (WRITE IT/SAVE IT) BEFORE YOU GO TO BED: Julius Toneli, Esq., a former professor at a local law school used to say "know it" before you go to bed. He meant the law. Allow the law to soak in your mind while you sleep. I am asking you to save your work as often as you can and send it to yourself in an e-mail so that you won't lose it. I also am asking you to do as Professor Tonelli suggests and write it before you go to bed. If you are on a roll and your paper is flowing effortlessly, then why would you stop. Use that momentum to push to get three or four or fifteen pages written.
24. CONCLUDE, PROPERLY. I know. It is the end of the paper. You are tired, weak, weary, worn, but at the same time you are ready to celebrate and you probably have some party scheduled three (3) minutes after you turn in the paper, or once you press send. I am going to hold off your party a little bit longer because when you get to the end of the paper, I want you to walk away for 30 minutes. You should walk away because if you don't, then you will write anything for your conclusion (eg., I conclude that ice cream only comes in two flavors: strawberry and chocolate). My point is that you will do anything to finish a paper, and believe me, when I tell you this . . . the reader wants to know, after 5, 10 or 25 pages, how you have summed up everything. Walk around the block a few times, clear your head, come back and knock out a paragraph or two for the conclusion. Otherwise, you may write, "Jack and Jill went up a hill, and all the king's horses and all the king's men, couldn't put Humpty Dumpty together again." Yes, it can happen to you, too.
These are a few tips that I hope will help you put the finishing touch to your paper. Do you want to add anything? If so, please write.
Prof. Smith
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