Bench & Bar September/October 2025

— . 1. The Most Powerful Tool in Legal Writing, Period Over text, many people avoid periods as they can be perceived as harsh. But any such harshness allows for short, declarative sentences that carry authority. The period allows the legal writer to break up complex thoughts and present conclusions with confidence. Many lawyers might benefit from using periods more often to add punch and authority to statements of fact or arguments with multiple sub issues. COMPARE: Because the defendant failed to respond in a timely manner and also did not comply with the discovery order, the court should impose sanctions as permitted under Rule 37. The defendant failed to respond in a timely manner. She also ignored the court’s discovery order. Sanctions under Rule 37 are appropriate. You may have learned in law school to use these shorter sentences for persuasive pieces–these period breaks add conciseness and allow the reader to understand your argument more quickly. 3. The Em Dash to Emphasize There’s a reason that generative AI programs overuse the em dash–as it injects emphasis, it also allows for clear, punchy writing that gets to the point persuasively. Used sparingly, it can sharpen your point or isolate a key phrase. The defendant’s story—unsupported by any evidence—lacks credibility. There is only one reasonable conclusion—the contract was breached. The em dash helps your argument land more forcefully than a comma or parentheses might. But overuse can make your writing feel breathless or melodramatic. Think of it like cayenne pepper: potent and effective in small doses. A Silent Advocate in Legal Writing

26 september/october 2025 Persuasive Punctuation: , EFFECTIVE LEGAL WRITING 2. The Comma for Precision Many legal writers use commas to denote pauses, but they can be easily overused this way. Adding pauses in sentences where they would naturally fall when spoken aloud can translate to weakness in the written word. Instead, use commas sparingly and for precision. The serial comma—placed before the final conjunction in a list—is vital for eliminating ambiguity and ensuring clarity. I leave my antique train collection to my sister, Mary and Anna. This sentence obviously contains a grammatical error as the plural is not consistent. But if the decedent has both a sister and a grand daughter named Mary, the lack of a serial comma can be even more consequential and impact who inherits. Precision is paramount in legal documents; the serial comma prevents misunderstandings like these and reduces the risk of costly disputes. BY MARCIA M. ZIEGLER I n legal writing, words, of course, do the heavy lifting—but punctuation can provide the structure that carries either a message of neutrality or of persuasion for a client. Every comma, semicolon, and em dash silently shapes how readers interpret meaning, cadence, and credibility. Done well, punctuation becomes an invisible ally, enhancing persuasion without ever announcing itself. Done poorly, it becomes a barrier to clarity, or worse, a source of ambiguity. Legal writers often obsess over word choice and citation, but persuasive punctuation is just as important. It can guide a judge through a complicated analysis, sharpen an argument, or emphasize a key idea.