Virginia Lawyer - VA Lawyer December 2020

The Last Word

Joe Fore 2020-11-21 05:25:55

On the Writing Process, Part II

In my last column, I shared some tips for going from blank page to finished first draft. As we discussed, many writing problems come from the writers trying to do too many things all at once. So the main idea was to separate out the different tasks to avoid overloading your brain. At the editing stage, too, it’s all about dividing and conquering: breaking the revision process into discrete phases so you can focus on one thing at a time.

  1. Check for cohesive paragraphs After you have a full first draft, it’s time to see if you have cohesive paragraphs that “focus the reader on a single point, topic, or question.”1 And it’s important that that point, topic, or question is made clear in the paragraph—typically in a crisp opening sentence. So read through your draft—one paragraph at a time—and jot down each paragraph’s central idea or function. Can you sum it up in one sentence? And do you actually convey that point somewhere in the paragraph (hopefully at or near the beginning)?

One of my favorite editing tips— which flows from this idea—is to watch for any paragraph that begins “In Smith v. Jones…”2 Why? Because the paragraph probably isn’t really about Smith, itself. Instead, the paragraph is probably about the idea or principle that the case stands for. So add a better topic sentence that captures that takeaway point.

  1. Audit organization

Once you have your cohesive paragraphs, read through the piece, focusing on the overall substance and flow. Does the order of your points make sense? Do you need to move paragraphs/sections or add more material? This is why I suggest making sure you have good, cohesive paragraphs first: if you have focused paragraphs that each make an internally consistent point, then changing your organization is as easy as cutting-and-pasting them to a new location.

  1. Edit for style

Next, it’s time to fine-tune individual sentences. I recommend splitting this up into multiple rounds, each one looking for slightly different things—from most to least substantive. Checklists are a powerful tool for this task.3 So you may want to develop your own editing checklist. I generally try to edit in the following order:

• Transitions within and between paragraphs. Look for places where you need transition words to show order (first, next, lastly), add information (and, also, another), contrast an idea (but, by contrast, instead), or conclude (thus, so, as a result).

• Concision. Shorter, simpler sentences and words—that’s the name of the game. (For specific tips, see the February 2020 edition of this column.

• Word choice. See any words that have an odd or off-putting connotation? Too jargony or informal? Or maybe the writing’s too dull or passive, and you need to sprinkle in some active or evocative language.

One last point: when you edit for style, it’s crucial to read your writing out loud. If you only look at the words on the page, you may not notice a run-on sentence, pervasive passive voice, or the fact that you used the word “column” in three straight sentences (as happened when I edited an early draft of this piece). But you’ll hear it.

  1. Proofread Misspellings, extra spaces, and grammatical errors are more than just annoying—they can cost you credibility. As Sixth Circuit Judge Raymond Kethledge notes, for an advocate, putting out a typo-riddled brief “is like walking up to the podium with stains on your shirt.”5 But it’s hard to catch our own mistakes. By the time we proofread, our brains are already so familiar with the writing that we tend to gloss over errors and fill in gaps with what’s supposed to be there.

So to catch more typos, trick your brain into thinking it’s seeing something new. Change the font or the text color, or print it out and proofread on paper; that may be enough to put your brain in a more attentive space.7 Also, edit in reverse: read the last sentence first and then work your way up, one sentence at a time. The writing won’t make sense logically, but that’s the whole point. By deliberately reading out of order, you take your brain’s attention off of the substance of the words and let it focus on finding the small errors.

Joe Fore is an Associate Professor of Law, General Faculty and Co-Director of the Legal Research & Writing Program at the University of Virginia School of Law. Have a comment, a question, or an idea for a future column? Email him at jfore@law.virginia.edu or connect with him on Twitter (@Joe_Fore).

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