when should a lawyer talk in passive voice

by Brittany Daugherty 10 min read

The passive voice is your friend when the thing receiving an action is the important part of the sentence—especially in scientific and legal contexts, times when the performer of an action is unknown, or cases where the subject is distracting or irrelevant Your writing, at its best.

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Should you use passive voice in legal writing?

Nov 06, 2019 · That’s wordy. Hiding the doer and producing wordy prose can be bad things in legal writing, and the experts agree: “The passive voice results in a wordier sentence … and often obscures the actor.” 1. “The passive voice creates two problems. It uses more words than active voice, and it risks creating ambiguity.” 2.

When is the passive voice your friend?

Nov 11, 2020 · There are two circumstances where the passive voice may work better: (1) when the actor is unknown, unimportant, or some other good reason exists, and passive voice requires fewer words; and (2) when you wish to hide blame or deemphasize wrongdoing. www.cohenslaw.com View Attorney Profile Find Local Civil Litigation Lawyers

How do you know if a sentence is active or passive?

Jun 02, 2016 · The Perils of Passive Voice in Legal Writing. As a first-year student in law school, (1L), your schedule will include several required courses. One of the most important classes which you will take is Legal Writing. In Legal Writing, students learn how to conduct legal research, and how to write both objectively (i.e., legal memoranda) and, as ...

How to convert active voice to passive voice in English?

Apr 09, 2019 · For whatever reason, passive voice has taken hold as a go-to “space filler,” and lawyers slip into it all the time. Don’t make your reader wait for the most important part of the sentence. Avoid passive voice 99.9 percent of the time in your legal writing. Your briefs and memos will be shorter, and your readers will be happier.

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When Should lawyers use passive voice?

Specifically, in legal writing, you may use passive voice if you want to deflect attention from the subject/actor in a sentence. For example, if you were representing a man name Joe Smith, who allegedly robbed a bank, you would want to phrase your sentence using passive voice.Jun 2, 2016

Do Lawyers use passive voice?

Courts and attorneys generally prefer active sentences to passive sentences in legal writing. Nonetheless, there are certain situations in which passive sentences are useful.Sep 18, 2011

When should you choose passive voice?

In writing, always consider whether you should use the passive or active voice. It will depend on what you, the writer, want to convey: if you want to draw attention to the doer, use the passive voice; if your intent is to put the focus on the action, then you should go for the active voice.

What is passive voice in law?

In passive voice, the subject does not perform the action of the verb. Instead, the subject is acted upon, or as legal writing expert Bryan Garner says, in passive voice, the writer “back[s] into the sentence.”Dec 4, 2015

Why is passive voice used in law?

With the passive voice, your sentences tend to have extra words. The active voice has fewer words. And you know who is acting. With the passive voice, the subject of the clause doesn't perform the action but receives it.Jul 26, 2021

What is passive voice examples?

Examples. PASSIVE VOICE: My first trip abroad will always be remembered by me. PASSIVE VOICE: My first trip abroad is one I will always remember. ACTIVE VOICE: I will always remember my first trip abroad.

Is should be passive voice?

The construction "should be" can be part of a passive voice verb, but cannot be passive voice by itself as the "to be" verbs do...

How much money do you save in a year change into passive voice?

Answer. Answer: The sentence is in active voice. The passive voice form of this sentence would be “How much money is saved by you in a year?” Active voice consists of a transitive verb.Jul 7, 2018

What do passive voices want?

Explanation: Active voice: what do you want? Passive voice: what is wanted by you?Jun 15, 2019

Can you prove this law change into passive voice?

Can this law be proved by you?Apr 21, 2020

Can anybody cure it passive voice?

Active voice: Can anybody cure it? Passive voice: Can it be cured (by anybody)? Active voice: Who wrote this book?Mar 24, 2015

What is the passive voice of inform the police?

The passive voice of the sentence 'Inform the police of this crime' is 'Let the police be informed of this crime. ' We can also write it as 'Let the police be informed' leaving out the words 'the crime', as it is understandable.Apr 9, 2018

Why do writers use passive voice?

Writers may use passive voice as a persuasive technique to mindfully accomplish burying, obscuring, or softening certain information. A criminal defense attorney may admit that “the man was murdered” without implicating anyone by including a sentence subject.

What is the difference between passive and active voice?

Active voice means that the subject or actor begins the sequence, followed by the verb or action, followed by the object or the thing acted upon. Passive voice flips that order around (or eliminates the subject altogether). Notice immediately the difference in sentence length. In a profession consumed with efficiency, why in the world would you make a reader suffer through more words than necessary to say the same thing? Judges and clerks hate that. Relatedly, imagine a more extreme passive example wherein the reader might have to wait a full line of text (or more) to realize the subject or actor of the sentence.

Who is Ian Gallacher?

Professor and legal writing expert Ian Gallacher notes that, just like professional violinists, professional writers (which includes all lawyers) should spend some time each day honing their technical skills.

When to use passive voice in a sentence?

The passive voice is your friend when the thing receiving an action is the important part of the sentence—especially in scientific and legal contexts, times when the performer of an action is unknown, or cases where the subject is distracting or irrelevant. When it comes to good writing, don’t be passive—even if your sentences sometimes need to be.

What is the difference between passive and active voice?

In general, the active voice makes your writing stronger, more direct, and, you guessed it, more active. The subject is something, or it does the action of the verb in the sentence. With the passive voice, the subject is acted upon by some other performer of the verb. (In case you weren’t paying attention, the previous two sentences use the type ...

What is the formula for active voice?

Here’s the formula for the active voice: [subject]+ [verb (performed by the subject)]+ [optional object]

What are some examples of passive voice?

The above examples lean toward the literary side of things, but don’t forget that there are times when the passive voice is useful and necessary in daily life. In each of the sentences below, the passive voice is natural and clear. Rewriting these sentences in the active voice renders them sterile, awkward, or syntactically contorted. Passive: Bob Dylan was injured in a motorcycle accident. Active: A motorcycle accident injured Bob Dylan. Passive: Elvis is rumored to be alive. Active: People rumor Elvis to be alive. Passive: Don’t be fooled! Active: Don’t allow anything to fool you!

Is passive voice grammatical?

The passive voice isn’t a grammatical error; it’s a matter of style. Use the active voice if it makes your sentence sound clearer and more natural. Forming passive voice requires the verb “to be” and a past participle.

What is a pro in writing?

A pro has the ability to focus on what the other person (e.g., an agent) will find valuable and, most important, can deliver that in a concise and persuasive manner. You should be able to tell someone, in 30 seconds or less, what your book is about, in such a way that the person can immediately see its potential.

How do characters greet people?

How a character greets people says a lot about where they grew up, where they live now, and how open they are toward others. A shy character might offer a soft “Hi,” while an always-the-center-of-attention character might shout, “The party train has arrived!”

Why did George Wilson's classes go online?

George Wilson knew remote learning was not for him. So when his classes went online because of the coronavirus pandemic, Wilson, a then-45-year-old furnace operator in Ohio, did what thousands of men nationwide did last year — he stopped out.

What were the effects of deregulation?

The effects of deregulation —the Reagan-initiated “consumer welfare” reconstruction of antitrust enforcement —weren’t confined to Walmart and other big box retailers. Bookstore chains devoured one another in a too-fast-to-follow blizzard that saw mall stores nationwide changing corporate ownership more often than they changed their window displays (Borders was bought by Kmart, merged with Waldenbooks, spun out again, renamed, merged with a toy retailer, expanded globally, merged with the UK chain Books etc, flipped to private equity, debt loaded and crushed; Barnes and Noble bought B. Dalton and Bookstop, went public, bought Gamestop — yes, that Gamestop — started haemorrhaging money, got flipped to private equity, and rebooted under new leadership with James Daunt at the helm).

When did the Mayflower arrive?

The Mayflower arrived in November of 1620 , hence, the Thanksgiving celebration that was held in 1621 to celebrate a year’s survival. However, there was no place to live on shore, so work crews ferried back and forth from the ship until late-December.

Who owns TikTok?

Available on Apple and Google Play, it’s owned by ByteDance, the parent company of TikTok, and is currently recruiting writers with existing published books, as well as writers willing to produce 200,000 words or more of new material for its Long English Story Project.

Is publishing doing well during lockdown?

Publishing is doing great. Despite panic at the start of the lockdown, book sales were actually up during lockdown, as people turned to books to pass the time, joining online bookclubs and finding ways to support their local indie booksellers.

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