Effective legal writers organize their analysis with the reader in mind. This article focuses on two common techniques used in creating organized writing strong topic sentences and appropriate transitions

Henke, Melissa N.

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University of Kentucky

University of Kentucky UKnowledge Law Faculty Popular Media Law Faculty Publications 5-2015 Effective Writing is Organized Writing Melissa N. Henke University of Kentucky College of Law, melissa.henke@uky.edu Follow this and additional works at: https://uknowledge.uky.edu/law_facpub_pop  Part of the Legal Writing and Research Commons Right click to open a feedback form in a new tab to let us know how this document benefits you. Repository Citation Henke, Melissa N., "Effective Writing is Organized Writing" (2015). Law Faculty Popular Media. 44. https://uknowledge.uky.edu/law_facpub_pop/44 This Commentary is brought to you for free and open access by the Law Faculty Publications at UKnowledge. It has been accepted for inclusion in Law Faculty Popular Media by an authorized administrator of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu. Effective Writing is Organized Writing Notes/Citation Information Melissa N. Henke, Effective Writing is Organized Writing, 79 Bench & B. 24 (May 2015). This commentary is available at UKnowledge: https://uknowledge.uky.edu/law_facpub_pop/44 EFFECTIVE WRITING IS ORGANIZED WRITINGBy: Melissa N. HenkeUniversity of Kentucky College of LawEffective legal writersorganize their analysiswith the reader inmind. This articlefocuses on twocommon techniquesused in creatingorganized writing -strong topic sentencesand appropriate transi-tions. Let's put these techniques in context.Paragraphs are the "building blocks" of le-gal analysis.1 Topic sentences and transi-tions are necessary to put those buildingblocks together in way that is easy for thereader to follow and understand. Indeed,as Judge Rogers of the United States Courtof Appeals for the Sixth Circuit stated in a2006 Bench & Bar article, good transitionsand topic sentences help ensure that thereader is "never [ ] in doubt about how yourarguments relate to each other. "2STRONG TOPIC OR THESIS SENTENCESWhether you call them topic sentences orthesis sentences, it is important to lead offeach paragraph with a sentence that tellsthe reader what to expect in thatparagraph. For legal writing, especially per-suasive writing, a topic sentence should in-troduce the topic ofthe sentence and alsoassert something about the topic.3 That iswhy some legal writing texts refer to suchsentences as thesis sentences, because thegoal is to "assert a position on the topic ofthe paragraph" more so than just statewhat the topic is. 4 Simply put, the first sen-tence of a paragraph should convey theconclusion you want the reader to comeaway with after reading the paragraph.'To illustrate, compare the following two ex-amples to discern the difference between asentence that states a topic and one thatstates an assertion about a topic. A topicsentence that does little more than identifya topic (here, a case), would read some-thing like this: "Another case that discussedactual malice is Rosenbloom v. Metrome-dia, Inc., 403 U.S. 29 (1971)."6 Comparethat with the following topic sentence thatgoes further to provide an assertion aboutthe topic (or a thesis): "The court extendedthese protections in Rosenbloom, holdingthat plaintiffs in a defamation action wouldhave to prove actual malice if the publishedstatements were of public or general inter-est. Rosenbloom v. Metromedia, 403 U.S.29(1971)."7 The second topic sentence issuperior to the first because it introducesthe point the paragraph will prove in regardto the case, rather than just introducing thecase.Using strong topic sentences is helpful tothe reader in understanding what to expectfrom each paragraph, as well as from thepaper overall. That is because when a read-er skims just the topic sentences in a docu-ment, she should be able to get a generalunderstanding of the argument's organiza-tional structure and its main points.' Thus,topic sentences are a benefit to the readerbecause they guide her through theorganization and substance of the entireargument.Topic sentences likewise benefit the writerin drafting the substance of the argumentin each paragraph. Let me explain. A writershould limit the content of a paragraph toinformation about the thesis or positionasserted in the topic sentence. This is oftencalled paragraph cohesion9 or unity Awriter can read a topic sentence in a draftand then check that the focus of theinformation written in the paragraph tofollow serves to "prove" the asserted thesisor position conveyed in the topic sentence,and can further check that the informationonly focuses on that specific thesis or asser-tion.1" If it does not, then the writer can re-vise as needed to fill gaps in support or rea-soning or to create paragraph cohesion."APPROPRIATE TRANSITIONSA related technique that effective writersalso employ is use of appropriate transi-tions. As Bryan Garner explains, the use ofa transition word or phrase in a topic sen-tence "clearly tells the audience whetherthe paragraph expands on the paragraphbefore, contrasts with it, or takes acompletely different direction." In otherwords, transitions serve as a bridge fromone idea to the next so the readerunderstands how the parts of the argument(or building blocks of legal analysis)connect and relate to each other.1 3Different transitions signal different relation-ships, so it is important to use an appropri-ate one to signal the correct relationshipbetween what the reader has read andwhat she is about to read. For example,some words and phrases signal a transitionfor contrast (however), for comparison(likewise), for concession (granted), and forconclusion (therefore).1 Other transitionsintroduce new or supplemental material(moreover), point out differences or incon-sistencies (in contrast), or explain timerelationships (next).1 5 Still other examples oftransitions can be found in most of theparagraphs in this very column (can youfind them?). Lists of commonly used transi-tions are readily available online16 and inlegal writing texts or style guides.1 7 Onceyou have a good sense of the order andcontent of your argument, then is a goodtime to pull out such a list. You'll want todecide which transitions are needed in youranalysis and where they should be added.Some words or phrases work better thanothers, so give thought to which is mostappropriate in light of the connection (orbridge) you wish to signal. That connectionmay be between paragraphs or evenbetween sentences in a paragraph. 8CONCLUSIONIn sum, effective organization is an impor-tant characteristic of effective legal writing.Strong topic sentences and appropriatetransitions are two common, relatedtechniques you can use to create organizedwriting in your next legal document. Theynot only serve to guide the reader throughthe legal argument in its final version, butthey also assist you, the writer, in confirm-ing at the draft stage that the analysis islogically organized and adequatelysupported.Professor Melissa Henke is the director of theLegal Research and Writing program at theUniversity of Kentucky College of Law, and shealso teaches legal writing. She is a member ofthe Kentucky Bar Association. After graduat-ing from the George Washington UniversityLaw School, she clerked for Judge Gary Feessof the United States District Court for the Cen-tral District of Kentucky and practiced law atHogan & Hartson (now Hogan Lovells) inWashington, D.C. She joined the UK Collegeof Law faculty in 2011.1 Richard K. Neumann, Jr., et al., Legal Writing§21.1 (3d ed. 2015).2 Judge John Rogers, Federal Appellate Practice: AView From the Bench, Bench & Bar (May 2006) at2.Anne Enquist & Laurel Currie Oates, Just Writing§ 3.5.1 (3d ed. 2009).Linda H. Edwards, Legal Writing: Process, Analy-sis, and Organization, at 90-91 (5th ed. 2010);Christine Coughlin, et al., A Lawyer Writes: APractical Guide to Legal Analysis, at 328 (2d ed.2013).Coughlin, supra note 4 at 329.6 Enquist & Oates, supra note 3.Id.Coughlin, supra note 4 at 257.9 Id. at 258-59.1 Id.; see also Edwards, supra note 4 at 90-91.Enquist & Oates, supra note 3.12 Bryan A. Garner, Legal Writing in Plain English, at67-71 (Univ. of Chicago Press 2001).1 Coughlin, supra note 4 at 259; Neumann, supranote 1, § 21.3.1 Enquist & Oates, supra note 3, § 4.1.1.i Neumann, supra note 1, § 22.3.16 E.g., Writing Transitions, Purdue Owl, owl.eng-lish.purdue.edu/owl/owlprint/574; The Writer'sHandbook: Using Transitions, The Writing Centerat The University of Wisconsin-Madison,writ ng.wisc.edu./Handbook/Transitions.htm1.1 E.g., Enquist & Oates, supra note 14; Neumann,supra note 15; Garner, supra note 12.1 Megan McAlpin, Beyond the First Draft: EditingStrategies for Powerful Legal Writing, at 20 (2014).

Effective Writing is Organized Writing

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