Schiess’s biggest pet peeves: legal drafting

Here are my biggest pet peeves in legal drafting—primarily contracts and statutes. I’ve already posted my list for analytical writing here. This isn’t a list of the biggest problems in legal drafting, just the ones that bug me. Sentence length Sometimes sentences in a contract run to hundreds of words in length. A former student [...]

Which that

In my writing, I observe the distinction between that and which, using that for restrictive modifying clauses and [comma] which for nonrestrictive clauses. I try to teach my students the difference, but I do not make it a topic of intense focus in the first-year legal-writing course. When you see mistakes, the mistake is almost [...]

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