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Using the Active Voice

Active voice is used for most objective legal writing. Using active voice promotes clarity in the writing, and prevents the sentences from becoming too complicated or wordy. The key to the active voice is that the subject should perform the action.

Ex – Eighty-five percent of the recent law school graduates passed the bar exam.

Here, the subject (recent law school graduates) performed the action (passing the bar exam).

Ex – The judge struck the gavel down to try to gain order in the court.

Here, the subject (the judge) is performing the action (striking the gavel).

There is something called the “passive voice” as well. This style is used more frequently when strategically trying to hide the subject of the sentence. This can be useful in persuasive writing which will be discussed further next semster.

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Legal Writing Simplified Copyright © by Michelle Zakarin is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.