Key Grammar Guidelines for Clear Legal Writing
Proper grammar use is vital for preparing polished legal documents. Here are some core grammar principles and best practices to enhance clarity in legal writing:

Mind sentence structure

Short, simple sentences are easier to digest than complex convoluted sentences.

Favour active voice over passive voice for clarity. A passive voice can obscure the doer of the action.
Avoid excessive use of nominalizations (turning verbs into nouns). For example, “the lawyer’s investigation of the facts” rather than “the lawyer investigated the facts”.
Place modifiers and descriptors close to the words they modify to prevent confusion.

Inconsistently switching between verb tenses is jarring.

Use past tense to describe events that occurred. Use present tense for current or general statements.
In documents like affidavits, match tenses to the timeline of events.
Use future tense for actions yet to occur.

Imprecise pronouns muddy what is being referenced.

Ensure pronouns clearly link back to a specific singular or plural noun.
Use pronouns consistently in terms of number and gender.
Avoid using gendered pronouns when referring generically to a singular person. Use "they/them" instead of "he/him" or "she/her".

Subjects and verbs must agree in number.

For collective group noun subjects, consider whether to use a singular or plural verb depending on context. The band “performs” or the band “perform”.
Have intervening clauses between the subject and verb? Read through clauses to identify the true subject.
For compound subjects joined by “and”, use a plural verb form. For those joined by “or”/“nor”, match the verb to the nearest subject.

Use the proper form of words depending on context.

Know when to use "that" vs "which" in a sentence based on whether it contains an essential or nonessential clause.
Don't mix up commonly confused words like "affect" vs. "effect" or "lay" vs. "lie".
Pick the right legal terms—knowing "contempt of court" vs. "contempt of Congress".

Place modifiers correctly to avoid misattributing meaning.

Avoid dangling participles and misplaced modifiers that seem to describe an unintended word.
Position modifiers close to the word they describe. For instance, “The attorneys filed a motion to compel discovery of the documents” is clearer than “The attorneys filed to compel discovery of the documents a motion.”