Except for passive voice, the use
of nominalizations (a / k / a buried verbs) is perhaps the best sign of poor legal writing.
Not exact matches
The CALS construct is defined as a constellation
of the high - utility language skills that correspond to linguistic features prevalent in oral and written academic discourse across school content areas and that are infrequent in colloquial conversations (e.g., knowledge
of logical connectives, such as nevertheless, consequently; knowledge
of structures that pack dense information, such as
nominalizations or embedded clauses; knowledge
of structures for organizing argumentative texts) Over the last years, as part
of the Catalyzing Comprehension Through Discussion Debate project funded by IES to the Strategic Educational Research Partnership, Dr. Paola Uccelli and her research team have produced a research - based, theoretically - grounded, and psychometrically robust instrument to measure core academic language skills (CALS - I) for students in grades 4 - 8.
In that post, Helen Sword, a professor at the University
of Auckland, also called for eliminating
nominalizations, which she affectionately labels Zombie Nouns:
Professor Sword also recommended that her readers check out her website — The Writer's Diet © — which she claims can give nascent writers an «operationalized assessment
of [their]... propensity for
nominalization dependence (translation: to diagnose your own zombie habits).»
So, for example, even if a superior repeatedly points out to the person that he should ditch the here - and - there words and other forms
of legalese (as The Lawyerist's Andy Mergendahl has advised here), or that
nominalizations and buried verbs should be reworked into active voice, or that Enclosed please find (PDF) is silly and should be stricken from all correspondence, a month or two later the superior will see these legal - writing foibles in a letter, memorandum, or, worse, a brief filed with a court.
They can start by targeting two main enemies
of efficient legal writing: buried verbs (aka
nominalizations) and unnecessary prepositions.
Both results, though, were skewed toward the «Flabby» end
of the scale because I needed to use the word
nominalization multiple times in the samples because
of the purpose
of the post.
It will cross-out words, edit things you don't need or dull words, it will help you get rid
of something that we call
nominalizations, most lawyers have never even heard that word, but that's part
of what makes our writing so dull sometimes is writing with nouns that could be verbs or WordRake will recognize a lot
of those and brighten your writing, get rid
of the clutter around them.
Of course, it's common for non-lawyers to use
nominalizations and related wordy phrases.