Vermont Bar Journal, Vol. 40, No. 2 Winter 2014, Vol. 39, No. 4 | Page 31

4. Certain Punctuation and Important Names Use “control-find” on quotation marks and parenthesis marks too to make sure that where there is an open quotation or parenthesis, there is a closed quotation or parenthesis. Do the same with apostrophes to make sure your usage is correct. And last but not least, make sure you’ve spelled your client’s name and the judge’s name correctly.12 Add “Judge” or “Justice” to your list of control-find words to make sure what comes after it is correct. If your client’s name is tricky, put in a few different permutations so you can check them all. Computer Tip 2—Trim Your Word Flab with the “Writer’s Diet ™” A second computer tip to use in your proofreading is The Writer’s DietTM, a free online tool created by Dr. Helen Sword.13 Dr. Sword devised a test for the liveliness of professional writing. She did so by choosing “examples of the liveliest and stodgiest academic writing [she] could find and extrapolat[ing] the initial values” to create an algorithm that she then tweaked.14 The test lets you assess the fitness of your writing and helps you, in Dr. Sword’s words, “energize your writing and strip unnecessary padding from your prose.”15 The first step is to run a 100-1000 word sample in the test and receive your diagnosis from “Lean” to “Heart Attack” levels of flab in your writing. Take this example: Manifestly, the failure of the respondent to timely reply to petitioner’s written demand for compliance with the terms of the aforesaid agreement requiring delivery of the Interface Prototype before August 1 was ample justification for the application of the doctrine of anticipatory breach which operated to free the petitioner to seek and obtain a source for substitute performance. This passage is clumsy, hard to follow, www.vtbar.org and frustrating for the reader; understanding it requires reading it a few times. Not surprisingly, this sample received a “Heart Attack” diagnosis. But consider this sample from Chief Justice Roberts’ (regarded as one of the nation’s best legal writers16) opinion in the Affordable Health Care case: Today we resolve constitutional challenges to two provisions of the Patient Protection and Affordable Care Act of 2010: the individual mandate, which requires individuals to purchase a health insurance policy providing a minimum level of coverage; and the Medicaid expansion, which gives funds to the States on the condition that they provide specified health care to all citizens whose income falls below a certain threshold. We do not consider whether the Act embodies sound policies. That judgment is entrusted to the Nation’s elected leaders. We ask only whether Congress has the power under the Constitution to enact the challenged provisions. In our federal system, the National Government possesses only limited powers; the States and the people retain the remainder. Nearly two centuries ago, Chief Justice Marshall observed “the question respecting the extent of the powers actually granted” to the Federal Government “is perpetually arising, and will probably continue to arise, as long as our system shall exist.” McCulloch v. Maryland, 4 Wheat. 316, 405 (1819). In this case we must again determine whether the Constitution grants Congress powers it now asserts, but which many States and individuals believe it does not possess. Resolving this controversy requires us to examine both the limits of the Government’s power, and our own limited role in policing those boundaries.17 This passage is easy to follow, and deservedly earned a “Lean” rating on the Writer’s Diet test. The Writer’s Diet also offers a “complete diagnosis” on your sample, pointing out problems such as “waste words,” “prepositional podge,” and excess “noun density,” and offering specific advice for improvement. This online diagnostic has its limitations, of course, but it can be a good way to test readability in your writing, so give it a try. Hard Copy Tips and Tricks Once you’ve done everything you can do on the