How to Write a Sentence Rewriting for Law

In legal scholarship, the precision of language determines the weight of an argument. Law students must master sentence rewriting to eliminate 'legalese' while maintaining the technical accuracy required for journals like the Harvard Law Review or Yale Law Journal.

What Is a Sentence Rewriting in Law?

Sentence rewriting in law is the process of distilling complex legal doctrines, statutes, or judicial opinions into concise, authoritative prose. Unlike general writing, legal rewriting requires preserving 'terms of art'—such as 'mens rea' or 'promissory estoppel'—while removing the archaic syntax that often obscures a lawyer's primary thesis.

Before You Start

• Identify the 'term of art' that must remain unchanged to preserve legal meaning.
• Determine the jurisdictional context to ensure the rewritten sentence doesn't imply a broader rule than intended.
• Check the Bluebook or OSCOLA requirements for any citations embedded in the original text.
• Clarify the actor (subject) and the action (verb) to avoid the common legal trap of 'floating' liability.

Convert Passive Voice to Active Agency

Legal writing often hides the actor behind passive constructions. Rewriting for clarity requires identifying who is performing the legal action to ensure accountability in the text.

Example: Original: 'The motion was filed by the defendant after the deadline had passed.' Rewritten: 'The defendant filed the motion after the deadline.'

Tip: Look for 'by' phrases; they usually indicate a passive construction that should be flipped.

Eliminate Nominalizations

Law students frequently turn strong verbs into clunky nouns (e.g., 'arbitrate' becomes 'conduct an arbitration'). Rewriting these restores momentum to legal arguments.

Example: Original: 'The court reached a conclusion that the contract was void.' Rewritten: 'The court concluded the contract was void.'

Tip: Scan for words ending in -tion, -ment, or -ance and try to turn them back into verbs.

Prune Deadwood Phrases

Legal prose is notorious for wordy transitional phrases. Rewriting involves replacing these with single, punchy adverbs or conjunctions.

Example: Original: 'In spite of the fact that the plaintiff was aware...' Rewritten: 'Although the plaintiff knew...'

Tip: Replace 'for the reason that' with 'because' and 'prior to' with 'before' every time.

Unpack Nested Clauses

Judicial opinions often use multiple 'which' or 'that' clauses. Rewriting should break these into separate sentences to improve readability for the clerk or judge.

Example: Original: 'The rule, which was established in Miranda, and which covers custodial interrogations, requires a warning.' Rewritten: 'The Miranda rule applies to custodial interrogations. It requires officers to issue a warning.'

Tip: If a sentence has more than two commas, it likely needs to be split into two distinct legal points.

Replace Archaic Legalese

Modern legal scholarship favors 'plain English.' Rewriting removes 'heretofore,' 'aforesaid,' and 'witnesseth' without losing the underlying legal principle.

Example: Original: 'The aforementioned parties hereby agree to the terms herein.' Rewritten: 'The parties agree to these terms.'

Tip: Ask yourself: 'Would a sophisticated non-lawyer understand this sentence?' If not, simplify the vocabulary.

Clarify the Standard of Review

When rewriting sentences about appellate cases, ensure the standard of review (e.g., de novo, abuse of discretion) is the focus of the action.

Example: Original: 'There was an assessment of the evidence by the court using a de novo standard.' Rewritten: 'The court reviewed the evidence de novo.'

Tip: The standard of review should function as an adverb or a prepositional phrase modifying the court's action.

Shorten the Lead-In

Avoid long introductory phrases that delay the legal core of the sentence. Get to the holding or the statute immediately.

Example: Original: 'It is important to note that the Fourth Amendment protects against unreasonable searches.' Rewritten: 'The Fourth Amendment prohibits unreasonable searches.'

Tip: Delete phrases like 'It is clear that' or 'It is submitted that'—they add no legal weight.

Common Mistakes to Avoid

• Retaining redundant legal pairs (e.g., 'null and void', 'cease and desist').
• Over-simplifying terms of art (e.g., changing 'habeas corpus' to 'jail release').
• Using 'since' when you mean 'because' (since refers to time, because refers to causation).
• Failing to specify the court level (e.g., saying 'the court' when referencing a specific Circuit Court).
• Misplacing modifiers, which can change the entire scope of a statutory interpretation.

Pro Tips

• Use 'must' for mandatory obligations instead of 'shall,' which can be ambiguous in modern statutory drafting.
• Keep the subject and verb as close together as possible at the start of the sentence.
• Read your rewritten sentence aloud; if you run out of breath, it is still too long for a legal brief.
• Always use the singular 'the court' or 'the defendant' to keep the focus sharp.
• Check your use of 'it' and 'this'—ensure every pronoun has a clear, singular antecedent.

Frequently Asked Questions

Should I rewrite Latin phrases in legal papers?

Only rewrite Latin if there is a direct English equivalent that carries the same legal weight. Terms like 'res ipsa loquitur' should remain, but 'inter alia' can often be replaced with 'among others' or deleted.

How do I rewrite a long judicial holding without losing nuance?

Break the holding into the 'rule' and the 'application.' Use one sentence to state the legal principle and a second to explain how it applied to the specific facts of the case.

Does rewriting mean I should avoid the passive voice entirely?

Not entirely. Use the passive voice only when the actor is unknown or when you intentionally want to de-emphasize the actor, such as when describing a victim in a criminal law memo.

How can I make my legal analysis sound more authoritative through rewriting?

Use 'base verbs' rather than 'derivative nouns.' Instead of saying 'The court made a determination,' say 'The court determined.' Strong verbs convey confidence and authority.

Related Resources

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• How to Write a Sentence Rewriting for Biology

• How to Write a Sentence Rewriting for Psychology

• How to Write Topic Sentences for Law

• How to Write a Paragraph Structure for Law

• How to Write an Active Vs Passive Voice for Law

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