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Ex.

The manager handling the transaction must take precautionary measures so


that the checks will not be turned over to the wrong department.
The manager handling the transaction must ensure that the checks. . . .

Raise an objection object


Come to an agreement agree
Do a repeat repeat
Make a description describe
Make an analysis analyze
Make mention of mention

Rule 4: Remove surplus words. Remove redundant phrases/legal phrases.


Most legal writers are susceptible to verbosity. In long and “overpacked” sentences/
paragraphs, the important words are weakened by the presence of useless words and
phrases.
Redundancy seems to be a common problem among legal writers. Redundancies persist in
legal writing because most writers do not bother to discriminate between useless and useful
words/phrases.
Ex. Declare your findings clearly regardless of whether some politicians might get
insulted.
Declare your findings clearly regardless of some politicians’ getting insulted.
When facing the clients, do not pretend as if you are the ultimate expert in the field.
When facing the clients, do not pretend that you are the ultimate expert in the field.
The reason many law graduates fail the bar exams is because their English reading
and writing skills are below par.
The reason many law graduates fail the bar exams is that their English reading and
writing skills are below par.
The high cost of gasoline is the main reason why many Filipinos in Quezon City take
the MRT.
The high cost of gasoline is the main reason many Filipinos in Quezon City take the
MRT.

Common Redundancies
continue to persist repeat again
basic essential fellow colleagues new innovation
basic fundamental like for example
blend together recall back

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Doubles and Suggested Substitutes
acknowledge and confess acknowledge
act and deed act
annul and set aside annul
authorize and empower authorize
conjecture and surmise conjecture
covenant and agree agree
cover, embrace, and include include
deem and consider consider
due and payable due
each and all each
each and every each
entirely and completely entirely
final and conclusive final
fit and proper proper
fit and suitable suitable
for and during during
for and in consideration of for
force and effect effect
fraud and deceit fraud
free and unfettered free
from and after from
give and grant give
give, devise, and bequeath give
goods and chattels goods
have and hold have
heed and care heed
hold and keep hold
hold, perform, observe, fulfil and keep (choose the most suitable word)
in lieu, in place, instead and in substitution of instead of
in my stead and place in my place
just and reasonable reasonable
keep and maintain maintain
let or hindrance hindrance
lot, tract, or parcel of land lot

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made and provided made
made, ordained, constituted, and appointed (choose most suitable word)
maintenance and upkeep maintenance
meet and just just
mind and memory mind
modified and changed modified
null and void void
of and concerning concerning
ordered, adjudged, and decreed ordered
pardon and forgive pardon
part and parcel part
peace and quiet peace
remise, release, and quitclaim (choose most suitable word)
rest, residue, and remainder remainder
revolved, annulled, and held for nought revoked
save and except except
seized and possessed possessed
shun and avoid avoid
situate, lying and being in lying in
stand, remain, and be remain
truth and veracity truth
void and of no effect void
will and testament will

Frequently, legal writers create wordy sentences because they fill both the subject and verb
slots with throat-clearing expressions that add little, if any, meaning to the sentence.
Ex. It must be remembered that the law requires that service be made at
the dwelling house or usual place of abode.
Revised: The law requires that service be made at the dwelling house or usual
place of abode.

Favorite Throat-clearing Expressions


It is significant that It is crucial that
It is clear that It is conceivable that
It is noteworthy that It is essential that
It must be remembered that It is obvious that

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It is generally recognized that It is a known fact that
It is interesting to note that It is expected that

The Word or Words in Parentheses Should be Omitted


3 a.m. (in the morning) (advance) warning
11 p.m. (at night) alongside (of)
red (in color) (and) moreover
(a distance of) twenty feet appreciate (in value)
(a period of) six months (as) for example
(absolute) guarantee ascend (up)
(absolutely) clear ask (a question)
(actual) experience (as to) whether
(advance) planning (at a) later (date)
at (the) present (time) emergency (situation)
(basic) fundamentals (empty) space
belief (system) (end) result
(but) however eradicate (completely)
(but) nevertheless (essential) element
(close) scrutiny (established) pattern
combine (together) estimated (roughly) at
(complete) monopoly (false) pretenses
(completely) destroyed few (in number)
consensus (of opinion) (foreign) imports
crisis (situation) free (of charge)
(current) trend (future) plans
daily (basis) (general) public
depreciate (in value) healing (process)
descend (down) (important) essentials
(different) kinds indicted (on a charge)
(direct) confrontation (integral) part
during (the course of) is (now) pending
during (the year of) 1957 join (together)
each (and every) (local) residents
each (separate) incident (major) breakthrough
(many) (different) ways recur (again)

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(mass) media refer (back)
merged (together) reflect (back)
my (own) opinion reiterate (again)
my (personal) opinion repeat (again)
never (at any time) reported (to the effect ) that
never (before) revert (back)
off (of) risk (factor)
(over) exaggerate scrutinize (carefully)
(past) experience (separate) entities
(past) history shooting (incident)
(past) records (specific) example
permeate (throughout) (State’s) prosecutor
(personal) friendship (subtle) nuance
(plan) ahead (sudden) outburst
postponed (until later) (suddenly) exploded

Rule 6: Use everyday language whenever possible.


Although terms of art are essential to the profession, legal writers sometimes depend on
useless, antiquated, or unclear phrases. Most legal documents have an intended audience
of nonlawyers as well as legal professionals. Statutes, decisions, motions, orders, contracts,
and almost any legal writing will be read by nonlawyers.

Rule 7: Use Concrete and specific words.


Although legal concepts are generally abstract, legal writers usually have the habit of
writing/ speaking entirely in abstract statements. This habit fails to depict a visual picture
for both listener and reader.
Ex. Lawyers are trained to be ___________ ( cunning/ crafty/ sharp?)

Rule 8: Place modifiers carefully.


In an attempt to be more accurate and unambiguous, legal writers resort to extensive
modification. However, writers must see to it that faulty modification does not ruin the
meaning of their sentences.
The complainant bought the wallet from SM made of horse skin.
The complainant bought the wallet made of horse skin from SM.
The complainant bought the horse-skin wallet from SM.

Rule 9: Avoid placing too many subordinate clauses in one sentence.

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The reader is usually confused by complex sentences. Legal writers have to be careful
whenever they use subordinating clauses to expound on ideas.

Rule 10: Use conventional punctuation marks.


a. Use commas only when they are required. Writers must distinguish between restrictive
and nonrestrictive clauses. Restrictive clauses define (restrict) the modified word that they
are essential to the meaning of the sentence. Nonrestrictive clauses merely add additional
information about the modified word and are not essential to the meaning of the sentence.
b. Use a semicolon to separate 2 independent clauses not joined by a coordinating
conjunction. “However” is often used in legal writing but many writers are not sure about
punctuating a compound sentence (a sentence containing 2 or more independent clauses)
that has however between the two independent clauses.

DICTION

Rule 11: Use only essential words from traditional legal phrase.

Rule 12: Avoid Lawyerisms.


Lawyerisms are words and phrases used by lawyers but seldom used by anyone else.
Although believed to give precision to sentences, lawyerisms are rarely precise.
A distinction has to be made, however, between lawyerisms and their legitimate cousins
(terms of art). Terms of art are useful legal words which come to refer to recognizable legal
concepts (e.g., res ipsa loquitur, proximate cause, negligence).
Although there is no consensus among legal writing commentators on exactly which words
are terms of art, they all agree that these technical terms have no exact synonyms, and that
they operate as a kind of shorthand among lawyers.

Lawyerisms and Suggested Substitutes


Above and captioned this case, this claim
Aforementioned (delete or rename)
Aforesaid (delete or rename)
Attached hereto attached is/ are
During the course of during
Forswear give up, renounce
Forthwith immediately
Hereafter from now on
Hereby (delete)
Herein in this document
Hereinabove the above

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Hereinafter here called
Hereof of this
Heretofore previously
Herewith along with this
Hithereto up to now
In regard to about, regarding
Inasmuch as since, because
In reference to about, regarding
Moreover further, in addition
Said (as an adjective) (delete or replace with “the)
Saith says
Same (as noun) (use appropriate pronoun)
Thence from that time, from that place
Thenceforth from then on
Thereabout nearby
Thereafter from then on
There at there
Therefore for this, for that
Therefrom from it, from that
Therein in
Thereof (delete)
Thereon on
Thereout (delete)
Thereover (delete)
Therethrough (delete)
Thereto (delete)
Theretofore (delete)
Thereunder (delete)
Therewith (delete)
To wit for example
Whensoever whenever
Whereas (delete unless you mean “on the contrary”)
Whereat at what, at which
Whereby by which
Wherefore why, for what

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Wherein in what, in which
Whereof of what, of which
Whereon on what
Whereupon after which
Whilst while
Witnesseth (delete)

Rule 13: Use Latin and French terms only for firmly entrenched legal concepts.
Still useful foreign words:
Guardian ad litem per stirpes/ per capita estoppel
Pro se divorce amicus curiae res judicata
Quasi in rem laches habeas corpus

Rule 14: Avoid irritating clichés.


24/7 bottom line the fact of the matter is
absolutely empowerment thinking outside the box
at the end o the day glass half full (half empty) touch base
awesome in terms of to be honest with you
ballpark figure like (used instead of a pause)
bear with me literally with all due respect
mission/vision ongoing win-win situation

Rule 15: In organizational communications, some standard sentences may actually


be eliminated.
Due to exigencies of the service
For your information.
For your compliance
For your guidance
Please be guided accordingly

TONE

Rule 16: Don’t insult the reader.

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Rule 17: Avoid legal jargon.
And/or : avoid this construction unless you are asking a question. In a declarative
sentence, the construction indicates ambiguity. If and and or won’t do the job, try “X or Y or
both.”
Comes now the plaintiff: an antiquated beginning for a complaint. Use “Plaintiff Juan de la
Cruz, by his attorneys Mendez & Rivera, states. . .”
For the purpose(s) of: This is a longwinded version of “for” or “under.”
The fact that: While it is true that lawyers often argue over “facts,” legal writers must avoid
the wordy phrase unless they are making a specific assertion about a fact.

Rule 18: Avoid sexist language .


Man (noun) or mankind people, humanity, human race, human beings
Man (verb) as in “man the office” staff, operate, run, work
A man who . . . an individual who . . .
A person who . . . / someone who . . .
The common man the common individual, average citizen, person in the
street, ordinary people
Man-made hand-crafted, handmade, manufactured, machine-made,
fabricated, synthetic, created
Manpower human energy, human resources, work force, personnel,
staff
Businessman business executive, manager
Chairman coordinator, presiding officer, chair
Congressman representative, member of Congress, congressional
representative
Councilman council member
Fireman firefighter
Foreman supervisor, head worker, section chief
Insuranceman insurance agent
Juryman juror
Landlord owner, manager, lessor
Mailman/postman postal carrier, liaison, intermediary
Newspaperman reporter, editor
Policeman police officer, law enforcer
Salesman sales associate, sales representative
Spokesman representative, spokesperson
Steward, stewardess flight attendant
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Female judge judge
Lady lawyer lawyer
Male nurse nurse
Woman attorney attorney

Questionable forms
Auditress (use auditor) choirmistress (use choirmaster)
Bartendress (use barmaid) paintress (use painter)
Chancellress (use chancellor) ambassadress (use lady ambassador; unless you mean
wife of ambassador)
The following are ways to reconstruct a sentence:
 Rewrite to eliminate the pronoun.
Ex. As a general rule, an employer is not liable for the work performed by his
independent contractors.
Revised: As a general rule, an employer is not liable for the work performed by
independent contractors.
 Repeat the noun.
 Make the antecedent noun a plural.
Ex. The holding suggests that a defendant waives his constitutional rights only
through an affirmative or overt act.
Revised: The holding suggests that defendants waive their constitutional rights only
through affirmative or overt acts.
 Replace the masculine noun and pronoun with “one,” “your,” or “he,” “she,” as
appropriate
Ex. Every man has a right to defend his home.
Revised: One has a right to defend one’s home.
You have a right t defend your home.
Everyone has a right to defend his or her home

Rule 19. Stay abreast of the preferred terminology.


Colored Negro Black Black American African American or Afro-American
Indian American Indian Native American
Oriental Asian American
Mexican American Chicano/Chicano or Hispanic or Latino/Latina
Handicapped disabled physically challenged or persons of differing abilities or persons
with exceptionalities or Exceptional persons
Elderly Senior citizens

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PRINCIPLES OF PARAGRAPH DEVELOPMENT

Rule1: Construct all paragraph sentences around the main thought.


Rule 2: Write paragraph sentences to form a chain of related thoughts.
Ex. We are persuaded that the husband understandably would not know that the mere
fact that the parties had cohabited before their formal marriage would later be made the
basis of a theory that the parties had a common law marriage.
Rule 3: Place important ideas at the beginning or end of the paragraph.
Ex. “Today, education is perhaps the most important function of the state and local
governments. . . Such opportunity, where the state has undertaken to provide it, is a
right which must be made available to all on equal terms.” [Brown v. Board of
Education, 347 U.S. 483, 493 (1954)]
Rule 4: Use a sentence for transition or emphasis.
Ex. (transitional) Now we turn our attention to. . .
Ex. (concluding) The appeal is dismissed for lack of final judgment.

Generic Transitions
For Contrast
nevertheless* but yet
However conversely still
On the other hand notwithstanding instead
By (in) contrast nonetheless though
On the contrary alternatively although
Contrary to _____ even so* even though
Unlike ________ rather despite

For Comparison
Similarly analogously
Likewise in the same way
in like manner for the same reason

For Cause and Effect


Therefore* accordingly hence for
Consequently* thus* since
As a result because so

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For Addition
Also furthermore additionally
Further moreover besides
In addition to and

For Examples
For example to illustrate specifically
For instance namely that is

For Emphasis
In fact certainly still*
Above all indeed clearly

For Evaluation
More important surprisingly unquestionably
Unfortunately allegedly
Fortunately arguably

For Restatement
In other words more simply to put it differently
That is* simply put

For Concession
Granted of course to be sure

For Resumption After a Concession


Still* nonetheless* all the same
Nevertheless* even so

For Time
Subsequently later at the same time since
Recently eventually earlier by the time
Meanwhile initially shortly thereafter afterwards
Formerly simultaneously until now

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For Place
Adjacent to here nearby
Next to beyond opposite to

For Sequence
First, second, third next then
Former, latter final later
In the first place finally* primary, secondary

For Conclusion
In summary in brief thus*
In sum in short therefore*
To sum up to conclude consequently*
Finally* in conclusion to (in) review

*generic transition that falls under more than one category

Rule 5: Make the paragraphs short to be readable.

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GRAMMAR REVIEW

PRONOUN

Rule1: Singular indefinite pronouns require a singular verb.


each somebody anyone neither
either nobody nothing everybody

Rule 2: Indefinite pronouns referring to more than one person or thing take plural
verbs.
several both
few many

Rule 3: Like collective nouns, some indefinite pronouns may be either singular or
plural depending on whether they refer to singular or plural concept.
some none most
any all

Ex. All DOH, DAR, and DTI representatives are here.


All the world is calm All is calm.
Most of the water has subsided Most has subsided.
Some coffee is needed in the director’s office Some is needed in the office.

(Trick: when the indefinite pronouns refer to count nouns, they are plural; when to
noncount nouns [“measured” noun], singular. )

The Problem with NONE


While NONE usually means NOT ONE, and thus treated as singular, it is also used to mean
NOT ANY or NO PEOPLE, making it plural.
Ex. We wanted some more materials, but there were none left.

(Trick: NONE should be treated as singular)


NONE OF should be treated as singular or plural depending on the noun phrase it
modifies.
Ex. None is in danger yet.
None of the staff is upset.
None of passengers are alarmed by the warning.
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Rule 4: Use “who” and “whoever” when referring to persons and when the nominative
case is required.
When “who” begins a sentence in the informal register, as in conversations and
advertisements, it is usually in the nominative form, regardless of function in the sentence
Ex. Who do you trust to be the next president of this nation?
Who’s fooling who in the this controversial case?
Who can you rely on for full control of your investments? (Citibank)
Who on earth will you meet today? (Malaysia Airlines print ad)
Rule 5: Use “which” and whichever” when referring to animals or objects.

SUBJECT-VERB AGREEMENT

Rule 1: Compound subjects connected by “and” take a plural verb unless the
subjects are identical in person or thing, or are so closely related to be singular in
idea.
Exception: The rule does not apply when AND is followed by NOT
The consumers and not policy are the concern of the DTI.
The product itself and not packaging is the issue in the complaint.

Rule 2: Whether a noun intervenes between the subject and its verb, it must not
interfere with the agreement of subject and verb, even though the intervening noun
may be different in number from the subject.

Rule 3: When the elements of a compound subject are connected with the correlative
conjunctions “either . . . or,” or “neither . . . nor” the subject is considered singular if
all the elements are singular, and plural if all the elements are plural.

Rule 4: When one of the elements of a compound subject is plural and the other is
singular, and the elements are connected with the correlative conjunctions “either . .
. or,” or “neither . . . nor,” the number of the verb is governed by the element closer
to the verb.

Rule 5: A relative pronoun having a plural antecedent (noun to which the pronoun
refers) must have a plural verb.

Rule 6: Collective nouns such as audience, Cabinet, commission, committee, council,


couple, crew, family, group, jury, majority, minority, pair, personnel, and staff are
treated as singular if the reference is to the group ALTOGETHER, and as plural, if the
reference is to the members of the group as INDIVIDUALS.

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Ex. The office personnel are required to submit their reports on July 1.
The jury is ready to read the verdict.

The Problem of “POLITICS”

It is singular when it means any of the following:


1. Political life as a profession
Ex. The judge said that she is happy to know that more women are into politics
these days.
2. The activities of the government, members of the law- making organizations or people
who try to influence how a country is governed.
Ex. You will not be able to convince her to go into politics because she thinks it’s
boring.

3. The art and science of government.


Ex. The lawyer decided to return to the university and teach because he knows
politics is a popular subject.

It is plural when it means any of the following:


1. A set of ideas, principles in politics; a person’s opinion’s about governance.
Ex. I am suspicious of his motives. His politics have become too conservative in
the past few years.
2. Political activity at any level.
Ex. The politics of devolution are questionable.

Rule 7. Subjects with OF phrase are confusing (e.g., a number OF hearing officers and
the number OF hearing officers). The verb of the sentence with “a number” agrees
with the noun after OF; the verb of the sentence with “the number” agrees with the
noun before OF.

Ex. A number of officers have been requested to join the seminar.


The number of hearing officers joining the seminar is more than expected.

Rule 8: ALL OF, HALF OF, FRACTIONS and PERCENTAGES do not affect the
grammatical number of the noun they modify.

Ex. Half of the class was not present.

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Half of the raffle tickets were sold by a small 7-11 branch in Laguna.
Sixty percent of the country’s consumers are not aware of their rights.

Note: Quantifiers, including fractions as subjects are singular. When they modify nouns,
the verb agrees with the nouns, not the quantifiers.
Half was eaten.
She thinks the lady who complained about the cakes is lying Half the cakes were eaten up.

Rule 9: The cleft sentence begins with IT IS and the verb always agrees with IT, and
thus, is always singular.

Ex. It is the parents who filed the complaint against the toy store.

Rule 10: A/THE MAJORITY OF and A/THE MINORITY constitute singular or plural
subjects depending on sense.

Ex. The majority was for a change in the penalty for violators of the Consumer Act
of the Philippines.
The minority were expressing their disappointment at the failure of your office
to address the issue.
A minority of these advertisements are senseless.
The majority of the complainants were misled by the packaging of the milk.

SHALL AND WILL

Rule 1: To express simple futurity, use “shall” in the first person and “will” in the
second or third.
Futurity Determination Obligation
I/we shall will will
You will will will
he/she/it/they will will shall

Rule 2: Modal verbs occur before the main verb, and denote a modification of the
basic meaning of the main verb, in terms of attitude, conditionality of the action, etc.

Present Past
Can could
May might
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Shall should
Will would

In interrogatives asking for advice or making a suggestion, use SHALL with I and WE
Ex. Shall we meet the Customs officer today?
And SHOULD or SHALL for the other persons:
Ex. Should the customers be informed of the latest company policy?
In interrogatives making a request, use WILL or WOULD, the latter being more appropriate to
formal situations
Ex. Will you please shut up?
Would you please explain to the auditor the discrepancies in the books?
In interrogatives asking for a prediction, use WILL
Ex. Will I be accused of misbranding my product? Will I be convicted?

Aside from being used as the past form of WILL, the modal verb WOULD is also used to
indicate:
1. Past habitual action
Ex. Before the law was passed, the disappointed customers would go to my office
to seek assistance.
2. The second conditional (see Mood)
Ex. If you had your wish, what would it be?
3. Request
Ex. Would you kindly talk to my lawyer and explain the new policy on branding?
4. Opinion
Ex. The DTI director would have wanted to recruit from your batch of lawyers.
5. Likelihood
Ex. If the draft submitted is well written, that would be Atty. Paran’s.
6. Choice
The customer would rather be accompanied by Atty. Yu than by his father.

Aside from being used as the past of SHALL, the modal verb SHOULD is used also to
indicate:
1. Duty
Ex. Retailers should know the new law.
2. Necessity
Ex. Manufacturers should comply with the requirements.
3. Condition or contingency
19
Ex. If the lawyer should recommend entering a plea of guilty for a lower offense,
you could consider the alternatives.

CAN and MAY

Rule 1: Use CAN to ask for permission under general rules or custom.
Ex. Can I submit my pleadings now?

Rule 2: Use MAY to ask for permission from a specific person OR to give permission
yourself to someone else.
Ex. May I just submit the requirements tomorrow?
All manufacturers may submit the forms on January 5, 2011.

MAY and MIGHT

Rule 1: MAY indicates a serious or immediate possibility.


Ex. The new law on labeling products may be signed next week.

Rule 2: MIGHT indicates a remote possibility.


Ex. You might be dismissed from your position once the new manager assumes
his post.

SUBJUNCTIVE MOOD

Rule 1: Use “were” to indicate the subjective mood.


Contrary to fact: If I were you, I’d learn to speak well.
If he were wiser, he’d take the offer.
Wish: I wish it were you
She wishes that she were handling the case.

Rule 2: Use ‘”were” after AS IF and AS THOUGH


Ex. The auditor talked to the manager of the shop as if she were stupid.
Many managers interpret their company policies as though they were absolute
rules.
NOTE: It’s about time we had a CCTV in this grocery.
It’s about time we became the number one brand in this country.
It’s high time he made good on his promise to institute changes in this office.
20
In informal conversations, however, the simple present is also used.

Rule 3: Use the present subjunctive after a clause using a verb expressing a demand:
ask, demand, insist, move, propose, recommend, suggest. Or after introductory
phrases like “it is advisable,” “it is necessary,” or “it is a must.”
Ex. Atty. Lico proposed that the plan get shelved.
It is a must that the department store relay its new policy to the customers.

CONJUNCTIONS

Rule 1: A conjunction is a word used to join words, phrases, or sentences. In addition


to the conventionally recognized conjunctions—coordinating, subordinating, and
correlative—there is a group of conjunctions called conjunctive adverbs.
Coordinating conjunction used to connect expressions of equal rank .
Ex. FANBOYS for, and nor, but, or, yet, so
Rule: FANBOYS conjunctions are used to join independent clauses with a comma
preceding the conjunction.

Subordinating conjunction  connects a dependent clause with a main clause


Correlative conjunctions used in pair to join sentences
Ex. either or, neither nor, if then
Conjunctive adverb used to connect independent clauses
Ex. therefore, hence, moreover, also, thus, then, still, accordingly, consequently,
furthermore, likewise, nevertheless, and besides
Rule: Always use a colon or semicolon between the independent clauses in a compound
sentence when a conjunctive adverb links the clauses.
Suggested transitional devices to replace overused conjunctive adverbs
Consequently then
thus
as a result
for that reason
however but
by contrast
conversely
nevertheless
nonetheless
on the contrary
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on the other hand
still
yet
therefore accordingly
so
further
moreover
in addition

DANGLING MODIFIERS

These are subordinate phrases which appear to modify something other than the one
intended. These are largely caused by faulty positioning of the modifier, OR failure to
position the noun which is supposed to be modified.
Ex. Boarding the plane, the complaints were read by me.
Boarding the plane, I read the complaints.
Note: Accepted: Regarding Annex A of the pleadings, the figures for growth in
sales do not tally with those in Annex C.
Better: The figures for growth in sales in Annex A do not tally with those
in Annex C.

22
MYTHS ABOUT WRITING

Myth: Never Split an Infinitive


When the split infinitive is the best and the most precise way to express a point, use it.
However, infinitives should not be split by the word “not.” The correct way to write the
negative form of an infinitive is to place the “not” before the infinitive.
Example : The DTI representative explained that to not attend the meeting would have
drawn undue attention to him.
Revised: The DTI representative explained that not to attend the meeting would have
drawn undue attention to him.
OR
The DTI representative explained that not attending the meeting would have drawn undue
attention to him.

Myth: Never start a sentence with “And,” “But,” or “Or”


Occasionally, one of these three words is the perfect transition, especially because each is a
one-syllable word that gets the next sentence started quickly. For this reason, it is usually
not a good idea to follow the conjunction with a comma. When you do, you start the
sentence up quickly only to immediately slow it down.
Note: as transitions, “and,” “but,” or “or” are informal

Myth: Never start a sentence with “Because” or “However”


Legal writers often need to describe cause/effect relationships. In such cases, the best
sentence structure is often “Because (fill in the cause), (fill in the effect). This is an
exceedingly useful sentence structure, and no rule prohibits its use.
Similarly, no rule prohibits beginning with “however.” Stylistically, however, it is often a
better idea to move the transition “however” further into the sentence so that it immediately
precedes the point of contrast, as is the case in this sentence.

Myth: Never end a sentence with a preposition


Although there is really no rule as regards this, many readers are still offended by
sentences that end with prepositions. For this reason, it is not a good practice to end
sentences with prepositions when they can easily be revised.
Example
Marquez may be able to get title to the entire property, not just the part which the
bathhouse is built upon.
Revised
Marquez may be able to get title to the entire property, not just the part upon which the
bathhouse is built.

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Myth: Never write a one-sentence paragraph
One-sentence paragraphs are not wrong per se, although they are often a sign of lack of
development of the ideas in the writing. Numerous one-sentence paragraphs have the added
drawback of making the writer seem unsophisticated.
For this reasons, use one-sentence paragraphs infrequently. Save them for occasions when
the paragraph serves as a transition between two large sections of a document or when a
shorter paragraph will give the reader a breather between two extremely long paragraphs.

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VERB TENSE

Present Simple (I do)


We use the present simple to describe the things that are always true, or a situation that
exists now, and as far as we know, will go on indefinitely:
 It takes 20 minutes to get to the court.
 Case load is heavy in the months of April and May.

The present simple is used to report what we have heard or what we have read:
 The news article explains why the tax evaders were arrested.
OR
A commentary about an ongoing activity
 The customer tries to argue with the Branch Manager who does not seem to pay
attention to her.

We often use the present simple with verbs that perform the action they describe:
 I admit I can’t draft as many cases as I used to. (an admission)
 I refuse to believe that the lawyer didn’t know of his client’s participation in the
crime. (a refusal)
Note: other performative verbs: accept, acknowledge, advise, apologize, assume, deny,
guarantee, hope, inform, predict, promise, recommend, suggest, suppose, warn.

Present Continuous (I am doing)


We use the present continuous to talk about particular actions/ events that have begun but
have not ended at the time of speaking.
 The engine isn’t starting again.
 The court is so inefficient that many people are complaining about it.
Note : use time expressions such as at the moment, at present, currently, just, and still to
emphasize that the action /event is happening now
 “Have you written the complaint?” “I’m currently writing it.”

We use the present simple to talk about habits or things that happen on a regular basis.
 I leave for work at 7 a.m. most days.
 Every April, we go to the province for a vacation.

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We can use the present continuous or the present simple to describe something that we
regularly do at a particular time. Compare:
 We usually eat dinner at 7:30. (we start eating at 7:30)
 We’re usually eating dinner at 7:30. (we’re already eating at 7:30)

When we want to emphasize that something is done repeatedly, we can use the present
continuous with words like always, constantly, continually, or forever. Often we do this when
we want to show that we are unhappy about it.
 The judge is constantly delaying the hearing the case.

We use the present continuous to imply that a situation is temporary. Compare:


 Banks lend money to make a profit. (This is what usually happens)
 Banks are lending more money (these days) to encourage investors to expand their
business (implies a temporary arrangement)
 I consider the judge to extremely wise. (this is my view)
 I am considering taking an early retirement (something I’m thinking about now)

We use the present continuous when we talk about changes, developments, and trends
 The growing number of criminal cases is alarming.
 I’m beginning to realize how difficult it is to get things going in this office.

When we tell a story or a joke we often describe the main events using the present/past
simple and longer, background events using the present/past continuous:
Mary goes (or went) up to Nick and looks (or looked) straight into his eyes. She’s carrying a
box full of worms . . .

We can also use the present simple and present continuous in commentaries and giving
instructions:
Pacquiao docks and then gives him a left hook.
Place your right hand on the constitution and repeat after me. . .

Present Perfect (I have done)


When we talk about something that happened in the past, but we don’t specify precisely
when it happened (perhaps we don’t know when or it is not important to say when it
happened) we use the present perfect:
 That athlete has broken the record for swimming from Iloilo to Guimaras in 30
minutes.
 My client has complained about that official’s rude behavior before.

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The present perfect suggests some kind of connection between what happened in the past
and the present time. Often we are interested in the way that something that happened in
the past affects the situation that exists now:
 I’ve cleared my schedule so I can help you in this case.
 Let’s go on with the discussion because very few have expressed interest in the new
evidence introduced.

The connection with the present may also be that something happened recently, with a
consequence for the present:
 I’ve found the case number you were looking for. Here, write it.
 The lawyer has called about the hearing. Come quickly!

When we talk about how long an existing situation has lasted, even if we don’t give a precise
time, we use the present perfect:
 The judge has aged a lot since I saw him.
 Rates have fallen sharply over the past 4 months

When we report that someone has recently invented, produced, discovered, or written
something, we use the present perfect:
 Environmentalists have discovered that glaciers are melting.
 The police have recovered the bodies of the victims.
Note: when we talk of something invented , etc., in the more distant past, we use the
simple past)

We use the present perfect to talk about a state that existed in the past and still exists now.
 I have known the petitioner most of my working life.
 We have belonged to the same organization since we moved here .
Note: the simple past is used if the state no longer exists
Note: time adverbs that connect the past to the present and are often used with the present
perfect: just, lately, already, since (last night), so far, still, up to now, yet

We often use the present perfect to say that an action /event has been repeated a number of
times up to now.
They have been to Basilan five times .

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Past Simple
When we want to indicate that something happened in the past at a specific time in the past,
we use the past simple. We can either say when it happened, using an adverb of time or
assume that the hearer already knows when it happened or can understand this from the
context.
 The MTC promulgated the decision at 9 o’clock this morning.
 The lawyer decided to pursue the case, even though his evidence was weak.

If we are interested in when a present situation began rather that how long it has been going
on for, we use the past simple. Compare:
 I started to get the pains two weeks ago. VS I’ve had the pains for two weeks now.
 When did you arrive in the Philippines? VS How long have you been in the
Philippines?

However, we also use the past simple to talk about how long something went on for if the
action/event is no longer going on.
The court heard the case for six months.
He spent some time in Cebu when he was following up the proceedings.
Use the past tense in an IF statement which is not real, yet applies to the present (“present-
unreal”)
If the lawyer understood the management’s sentiments, he would know how to resolve the
labor dispute. (i.e., he did not understand and it is likely he would not know)

Past Continuous (I was doing) and Past Simple (I did)


To talk about a temporary situation that existed at or around a particular time in the past, we
use the past continuous:
 At the time of the issuance of the writ of preliminary injunction, he was staying with
his relatives.
 Her legs were aching again so she went home.

Compare the use of the past continuous and the past simple:
 She was screaming as she stepped out of the court.
 When he felt I was referring to him, he quickly excused himself from the
conversation.

When we talk about two past actions or events that went on over the same period of time, we
can often use the past continuous for both:
 Atty. Dizon was reading the will as his client was taking down notes.
 She was working in Bulacan when I was living in Pampanga.
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When we talk about two or more past completed events that follow each other, we use the
past simple for both. The first may have caused the second.
 The people stood up when the judge walked in.
 He jumped out of bed and ran to check who the mail was for.

Present Perfect Continuous (I have been doing)


We use the present perfect continuous to talk about a situation or activity that started in the
past and has been in progress for a period of time until now
Note: used with expressions that indicate time period such as since and for
 I have been planning to call him since I heard he was back in the Philippines.
 The competition has been running every year since 1920.
 The lawyers have been saying for decades that the procedure should be changed.

The situation or activity may still be going on, or it may just have stopped. Compare:
 The company has not been paying its taxes for a number of years .(still going on)
 “Your arms are swollen. Have you been beaten?” (recently beaten/stopped )

We use the present perfect continuous when we ask questions with “How long. . .” and when
we say how long something has been in progress:
 How long has he been waiting for the client?
 For more than two years, I’ve been trying to track down the criminal.

When we talk about situations/ actions that went on over a past period but finished at a
particular point in time before now, we don’t use the present perfect continuous:
 I was reading until 11 last night. (not I have been reading. . . )
 She had been living in Davao before her family moved to Manila. (not She has been
living. . . )

Present Perfect Continuous (I have been doing) and Present Perfect (I have done)
We use both the present perfect continuous and the present perfect to talk about something
that started in the past which affects the situation that exists now. THE DIFFERENCE is that
the present perfect continuous focuses on the activity or event which may or may not be
finished . The present perfect, however, focuses on the effect of the activity or event, or the
fact that something has been achieved.

 I’ve been following the debate with great interest. (emphasize the activity, i.e., my
following the debate)

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 I’ve followed the debate with great interest. (emphasize the result; I may now react to
what I heard/watched)
 Prices have decreased by 3%. (in a period up to now)

Use either the present perfect continuous or the present perfect to talk about the activities or
events that are repeated until now.
 Kim has been following up his case all afternoon OR has followed up.
 Civil society has been calling for GMA’s resignation for several weeks OR has called. .
.

However, if we mention the number of times the activity or event was repeated, we use the
present perfect.
 The judged has bumped into the defendant’s lawyer three times this week.
 He has heard the argument ten times so far.

We use the present perfect rather that the present perfect continuous when we talk about
long-lasting or permanent situations, or when we want to emphasize that we are talking
about the whole of a period of time until the present:
 I have always admired that judge’s honesty.
 This is the most complicated case I’ve ever handled.

When we want to emphasize that a situation has changed over a period of time up to now
and may continue to change, we prefer the present perfect continuous to the present perfect:
 The condition of the government employees has been getting worse over the last
decade.
 Sales have been increasing for some time.

Past Perfect (I had done) and Past Simple (I did)


We use the past perfect to talk about a past situation or activity that took place before another
past action or activity, or before a particular time in the past.
 The lawyer discovered that his client had lied to him.
 As Jose shook Atty. Lim’s hand, he realized he had seen him before.

Take note of the difference in meaning of these sentences with the past perfect and past
simple:
When he stopped lecturing, everyone left. (they left after his lecture)
When he stopped lecturing, everyone had left. (they left before he stopped lecturing)

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I called you when the decision was handed down. (the decision was released and then I
called)
I had called when the decision was handed down. (I already called before the decision was
released)

We use the past perfect when we say what we wanted or hoped to do but didn’t.
 I had wanted to see the defendant before I left for the province, but I couldn’t.
 Pat had hoped to retire at 60, but they persuaded her to stay on for a few more years
.

When we use a time expression (e.g., after, as soon as, before, by the time that, when) to say
one event happened after another, we use either the past simple or past perfect for the event
that happened first and the past simple for the event that happened second:
 After Atty. De Leon (had) finished reading the evidence, he turned off the light.
 When Gil (had) submitted the documents, he went home.

But to emphasize that the second event is the result of the first, we prefer the past simple for
both.
He became famous after he appeared on Randy David’s program.
When the judge entered the sala, the people stood up.

With already and just (i.e., a very short time before) we use the past perfect, not the past
simple:
The hearing had already begun by the time we got to the court.
She had just stepped in her chamber when the commotion began.

Use the past perfect in an IF statement which is not real, applying to the past (past-unreal)
If the DVDs had been kept from the head of the department, Mr. Lucero would not have
been dismissed from office. (i.e., the DVDs were given to the head and Mr. Lucero was
dismissed)

Past Perfect Continuous (I had been doing) and Past Perfect (I had done)
We use the past perfect continuous when we talk about a situation or activity that happened
over a period up to a particular past time, or until shortly before it.
 They had been expecting the results for some time.
 Philip was arrested , even though he hadn’t been doing anything illegal.

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We use the past perfect continuous when we talk about continuity or duration of a situation or
activity, and the past perfect to talk about the completion of a situation or activity or its
effects.
Note: sometimes the difference between them is simply one of emphasis.
 I’d been working hard, so I felt I deserved a holiday. (emphasize the activity)
 I’d worked hard, and the report was now finished (emphasize the result)

If we talk about how long something went on up to a particular past time, we prefer the past
perfect continuous. If we talk about how many times something happened in a period up to a
particular past time, we use the past perfect.
 The lawyers had been studying the documents for 24 hours. (not had studied)
 We had been staring at the picture for ten minutes before we realized who the man
was. (not we had stared)
 I had heard the song many times before. (not been hearing)
 The police had let them get away with their petty crimes once too often. (not had been
letting them)

Compare the use of the past perfect continuous and past continuous:
When we met Diego and Martin, they had been swimming. (we met after they had finished)
When we met Diego and Martin, they were swimming. (we met while they were still
swimming)
When I got to the office, water had been leaking through the roof. (it was no longer leaking)
When I got to the office, water was leaking through the roof. (it was leaking when I got
there).

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PLURAL FORMS

addendum addenda
alumna alumnae
alumnus alumni
modus operandi modi operandi
momentum momenta/ momentums
baggage pieces of baggage
graft and corruption cases of graft and corruption
hearsay bits of hearsays
news news items/ articles/features/
releases
index (indicators, units of information indices
index (list of important terms in a book) indexes
input (information or idea offered) no plural
input (material contributions;
neurosis neuroses
terminals (through which computer peripherals can transfer data) inputs
scenery (environment) no plural
scenery (stage/ backdrop) sceneries
schema schemata or schemas
trauma traumatas or traumas
youth (young man/boy) youths
youth young people

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PREPOSITIONS

ABSOLVE
The results of further investigation ABSOLVED the President __ the Department of
Education’s accusations; therefore, all charges were dropped.

________ACCIDENT
The hearing was reset because the judge ________AN ACCIDENT

ACQUIT ____
To ACQUIT the Director ___ all charges would be a gross miscarriage of justice.

ADVANTAGE _____
Most law students eventually realize the ADVANTAGE OF systematic review ______
cramming.

APOLOGIES _____
Please send my APOLOGIES _____ arriving late yesterday.
Will you be kind enough to accept APOLOGIES _____ her act of betrayal?

APPLY _____
What law will APPLY _____ an emergency?
Do you get to APPLY all these theories _____ real life?

AVAIL _____
Please proceed to that table, present your ID and AVAIL _____ the student discount.
Atty. Milan AVAILED _____ the privileges offered by the bank.

AVERSE _____
The lawyers are AVERSE _____any additional courses on writing.

AVERSION _____
Unfortunately, the students developed an AVERSION _____ reading.

BEEF _____
The firm is BEEFING _____ its campaign against graft and corruption.
34
You have to BEEF _____ the arguments; otherwise, your client will be convicted.

BIAS _____
During the open forum, she sensed a strong BIAS AGAINST lawyers.

BIAS _____
Because the lawyer was always seen with the labor group, he was placed under
surveillance. The government thinks he has a strong BIAS TOWARDS the causes of the left.

A BLOW _____
The latest decision released by the Supreme Court is a big BLOW _____ democracy.
Failing the Bar was a big BLOW _____ his ego.

CAPACITY _____
The selfless social worker seems to have a remarkable CAPACITY _____ punishment.
We are currently hiring young lawyers so I need to know more about her. What is her
CAPACITY _____ absorbing facts?

CHARGE _____
The handouts must be part of the kit. We shouldn’t be CHARGED _____ them.
Kindly CHARGE the company _____ the expenses incurred during the night out.

CHARGE _____
We discovered that the corrupt head of the agency CHARGED his personal expenses _____
his office budget.

CHARGE _____
Her client CHARGED that sleazy man _____ sexual harassment.

CONFINE ______
The judge admonished the lawyer and told him to CONFINE his arguments _____ case being
presented.
The plotters were CONFINED _____ barracks before they were tried for rebellion.

_____ CORNER
The depressed student is crying _____ CORNER of the room.

35
______ CORNER
The encounter between the gangs happened AT THE CORNER of Apacible and Viola streets.

_____ CORNER
You will find the newsstand _____CORNER of the busiest street.

CRACKDOWN _____
There was a CRACKDOWN _____ corrupt employees at the BIR.

DIFFER _____
The senior partners DIFFERED _____ their choice of the Best Lawyer of the Year.

DIFFER _____
The two DIFFER _____ each other in their outlook on the war in the Middle East.

DISCOURAGE _____
The young man is being DISCOURAGED _____taking law.
Note: Not “discouraged to”

DOVETAIL _____
The new policies DOVETAIL _____ the firm’s advocacy.

ENAMORED _____
There is something wrong with that young man; he seems to be ENAMORED _____ himself.

TAKE EXCEPTION _____


The judge is in a bad mood. She will tell the media that she TAKES EXCEPTION _____ the
comment that all judges are corrupt.

FILL _____
Fill in the blanks with what you think are the most appropriate answers.

FILL _____
Kindly tell you client to FILL _____ the forms before she pays the necessary fee.
Don’t FILL _____ the questionnaires.

36
FILL _____
As dormers, the law students know they have to FILL _____ the huge plastic containers with
water before 9pm.

FOLLOW _____ FOOTSTEPS


She refuses to FOLLOW _____ FOOTSTEPS of her lawyer father. She’d rather be an artist.
Note: Not “follow the footsteps”

GROUNDS _____
Do tell your client the GROUNDS _____ ANNULMENT. She has to be well informed.

IDENTICAL _____
Why are your sample pleadings IDENTICAL _____ each other?

IMPLICATE _____
The witness IMPLICATED his supervisor _____ the scandal.

INCLINATION _____
I think that her husband has no rhythm at all; he has no INCLINATION _____ music and
dance.

INDIFFERENCE _____
His peculiar INDIFFERENCE _____ what is just and right is unbelievable.

INDULGE _____
As a counter-argument to the other party’s accusations, the lawyer claimed that Mr. Leon
INDULGED _____ gambling and drinking.

INFERIOR _____
Are you implying that these DVDs are INFERIOR _____ those sold in Quiapo?

IN JUDGMENT _____
That person is notorious for his illegal acts. How could he sit _____ JUDGMENT OF that
decent and upright citizen?

JUNIOR _____
In this firm, she is JUNIOR _____ all members of the staff but she is extremely reliable.
37
SHED LIGHT _____
The new pieces of evidence do not SHED LIGHT _____ the case.

_____ MIND
The lawyer has lost weight. He has so many things _____ MIND.

MONOPOLY _____
The new law aims to prevent few companies from having a MONOPOLY _____ the industry.

_____ THE NEWS


Will this new law discourage lawyers from doing all sorts of things just to be _____ THE
NEWS?

_____ A PAR WITH


I can proudly say that our artists are _____ A PAR WITH the best in the United States.

_____ TO PAR
The junior partners put in more hours this week to ensure that their performance will be
_____ TO PAR with that of last year’s.

PROVIDE _____
The AFP is expected to PROVIDE _____ the protection of these vulnerable areas.
Note: Or “make provisions for . . .”

REGISTER _______
Under pressure, the tiangge owner confessed that he did not REGISTER his receipts
_____the BIR.

GIVE REST _____


The lawyers statement GAVE REST _____ the rumors that his client fled the country.

SERVED _____
Despite her unstable health condition, she was requested to SERVE _____ her term beyond
age 65.
The prisoner has not been cooperative and must therefore SERVE _____ the remaining
years.
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SUE
The Mayor will definitely SUE that factory _____ polluting the river.

KEEP TABS _____


The firm hired a detective to KEEP TABS _____ the suspected murderer.

TAKE___
Instead of TAKING___ law, he will TAKE medicine.
Note: Not “taking up”

_____ TIME
I though she wouldn’t arrive ___ TIME to join the activity.
We had to take a cab so we could come ___TIME for the ribbon cutting.

_____ TIME
These young lawyers are never ____ TIME.

TRACE _____
My people were able to TRACE the missing body _____ the child’s parents.

TRIGGER
The insulting speech TRIGGERED ____ the argument between the audience and the speaker

WATCH_____
The employees are WATCHING ______ the opening of the restaurant beside their building.
WATCH _____ the last novel of the trilogy.
Note: Not “watch out for”

_____ WRAPS
Kindly be discreet. We have to keep the case _____ WRAPS while she is still head of our
agency.

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DRAFTING E-MAILS

Most attorneys have an email horror story. One manager sends another manager an email
suggesting that the company could save money by forcing all of the employees who are over
the age of sixty to retire. Another client unthinkingly hits “Reply All” and sends a message
to more than a dozen people in which she essentially admits that she committed a crime.
A new associate attaches the wrong file to an email, accidentally sending opposing counsel
a copy of an office memo that outlines the firm’s trial strategy.

The horror stories confirm what most of us know: Email is both a blessing and a
curse. It has made communication easier and faster, but like most new tools, email has a
learning curve. Most people are still learning how to use it appropriately, and in the
meantime, many professionals, including lawyers, are learning that careless or ineffective
use can cause serious problems. Many of the serious and not so serious email problems
can be avoided by using a little common sense. Below are several tips that many
professionals, particularly lawyers, find helpful for their work-related emails.

Tip 1: Do not include anything in an email that you would not


want read aloud in court.

No matter what types of statements about confidentiality that you insert in your
email, there are no guarantees that your email will remain confidential. Thus, the best
policy is not to include anything in an email that you do not want shared with the rest of
the world. The best way to ensure confidentiality is to give the information orally,
preferably in person in a room with the door closed.

Tip 2: Use the same professional language that you would use
in a in an office memo, an opinion letter, or a business
letter.

Sending an office email is not the same thing as text messaging a friend. No matter
how well you know the person to whom you are writing a work-related email, use the same
language that you would use drafting an office memo, an opinion letter, or a business letter.
Do not use abbreviations, code words, slang, or emoticons such as .

Example: Inappropriate language

BTW, if you have questions, feel free to call me 24-7.

Revised: Appropriate language

Finally, if you have questions, please free to call me.

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Tip 3: Make sure that the “tone” of the email is the tone that
you intend.

“Flaming” in email is the oral language equivalent of shouting at a person. Messages


written in all caps or other attention-getting fonts should be used with extreme care.

Example: Inappropriate tone

I got your request for the meeting with Chong. ARE YOU SERIOUS ABOUT
WANTING AN HOUR WITH HIM?

Revised:
I got your request for the meeting with Chong. An hour meeting seems
excessive. Would a shorter meeting work for you?

Notice, too, that while some people can interpret very short emails as efficient, others
may read in a curt or rude tone. In addition, it is often a good idea to follow up a request
for information with a quick note of thanks so that colleagues and employees know you
have received their emails and that their follow-up was appreciated.

Example: Inappropriate tone

Do you want to review the draft before I submit it to O’Brien?

Answer: No

Revised: Appropriate tone

Do you want to review the draft before I submit it to O’Brien?

Revised answer: No, that won’t be necessary. Thanks for your hard
work on this project.

Finally, in drafting an email, keep cultural differences in mind. If you are emailing a
person in a culture where it is customary to begin a conversation with an exchange of
pleasantries, include the same kind of opening pleasantries in an email to that person.

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Tip 4: Before hitting “send” or “reply,” re-read your email,
including the address lines.

Although it takes a bit of extra time, re-reading an email before sending it is time well
spent. Before sending an email, take a few minutes to proofread the email and to double
check the address lines. While many people are forgiving of small typos in emails, others
are not. In addition, some typos can lead to serious miscommunication. Remember, too,
that if you are using a Blackberry or other type of device that tries to predict what word you
intend as you type, you may end up sending gibberish if you do not proofread your
messages before sending them.

Tip 5: Do not misuse the “high importance” or the “read


receipt” functions

Marking every email as being of high importance is a bit like calling “wolf” every time
you hear a noise in the bushes. At some point, no one pays any attention to emails that
come from you with the high importance mark. Thus, limit your use of the mark to those
emails that are, in fact, of high importance.

In addition, do not ask for a read receipt for every email you send. At best, most
individuals find the process annoying; at worst, it sends the message that you do not trust
the individual to whom you are sending the email. If you would like a response, you can
ask for such a response in the text of your email. If you need proof that someone received
information, use one of the more traditional methods: send the information through a
delivery service or by some type of registered mail.

Tip 6: Be selective in attaching large files to an email.

If you know that someone uses a Blackberry or similar device to retrieve email, do
not attach large files without first checking with the recipient to make sure that they will be
able to receive and open the file. Similarly, if the person to whom you are sending the
email is traveling in a country where email access is limited, do not send large files without
first checking with that individual.

Tip 7: Make sure that the subject line accurately reflects the
topic or topics discussed in the email.

In sending email back and forth, change the subject line so that it matches the topic
or topics discussed in the email. In addition, in composing the subject line, select labels
that will increase the chance that the recipient will open the email and that will allow the
recipient to easily store the email in appropriate folders or easily retrieve the email.

42
Tip 8: As a general rule, do not copy or forward an email
message or attachment without the author’s permission.

In most instances, ask for the original author’s permission before forwarding an
email or an attachment to an email. Asking for permission demonstrates your personal
integrity and can help prevent misunderstandings. Do, however, use common sense. You
do not, for example, need to ask for permission to forward an email to a colleague who is
working on the same project.

Remember, too, that when you forward an email the recipient may read the whole
string of exchanged emails in the message, not just the last message that was sent.

Tip 9: There is no such thing as “delete.”

Many people mistakenly assume that they can eliminate the paper trail they have
created through email by simply deleting old messages. While computer experts may have
the necessary skills to permanently delete old emails, they also have the skills to recover
emails that the typical user believes he or she has deleted.

Tip 10: When in doubt, sleep on it or get a second opinion


before hitting “send.”

Emails allow us to respond to someone else’s ideas or comments almost


instantaneously. Sometimes in the heat of a situation, that is not a good thing. Use the
speed and convenience of email to your advantage, but remember that in some situations, it
may be to your advantage to take a breath, slow down, and not respond immediately

Prof. Laurel Oates

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