Bench & Bar September/October 2025

6. Use Parentheses with Caution Parentheses can provide clarification or cite authority, but they can also signal that a thought is less important. That’s fine for citations, but dangerous for substantive points. The contract was signed on March 12 (the day after the board meeting). If the timing matters to your argument, don’t hide it in parentheses. Put it in the main sentence. Readers subconsciously downplay what’s inside those curved walls. In addition, parentheses are often viewed as less formal, so using them can run the risk of making your writing seem less professional or distracted. ABOUT THE AUTHOR MARCIA M. ZIEGLER is the Director of Legal Writ ing at the Salmon P. Chase College of Law at Northern Kentucky University. Previous to this appointment she was a visiting professor at the University of Louisville and chaired an undergraduate department at Ivy Tech Com munity College. A former state court prosecutor, her areas of research are in criminal law, police accountability, and access to justice. : ( ) 7. Framing through Quotation Marks Quotation marks in legal writing have two main roles: to quote precedent and to make the object inside them appear unimportant or disingenuous. While quoting precedent is essential, beware of using these “scare quotes” unless you're signaling irony or dispute. Overuse can make your writing feel sarcastic or dismissive. The defendant was acting in the interest of “justice.” If you’re not careful, that comes off as snide. Let your facts do the persuading. Putting It All Together: An Example BEFORE (FLAT, WORDY, LESS PERSUASIVE): It is evident that the defendant did not comply with discovery requests and therefore the court should consider imposing sanctions pursuant to Rule 37 because continued delay prejudices the plaintiff. AFTER (TIGHTER, MORE PERSUASIVE PUNCTUATION): The defendant failed to comply with discovery. The court should impose Rule 37 sanctions; continued delay harms the plaintiff. Notice how punctuation shaped the rhythm, clarity, and force of the argument. Legal writers are advocates. Every piece of punctuation either helps or hinders your ability to persuade. Remember, punctuation doesn’t just separate clauses—it connects with your reader’s sense of emphasis. It helps the court understand you, trust you, and, ideally, agree with you. So treat punctuation not as grammar housekeeping—but as a persuasive tool of the trade.

4. The Colon: Introducing Powerfully The colon signals that what follows is important. It’s perfect for listing ele ments or driving home a conclusion.

The record is clear: the defendant had both motive and opportunity. The court must weigh three factors: intent, conduct, and consequence.

; " " 5. The Semicolon: Effective but Underused The semicolon is often underused in writing—particularly in legal and pro fessional contexts—largely because many writers are unsure of its proper function or perceive it as overly formal or stylisti cally awkward. Yet, the semicolon serves a clear and valuable role: it connects closely related independent clauses without the need for a coordinating conjunction, cre ating a smoother flow than a period might allow. Essentially, it allows for those “breath pauses” so many of us overuse, but can render them more formally. Its relative obscurity in everyday writing has led many to avoid it in favor of simpler punctuation— even when doing so weakens the clarity of the sentence structure. Look at how the use of both a semicolon and commas can make a sentence clear and persuasive. The defendant admits the debt; she refuses, however, to pay. Semicolons can sound overly formal or stilted if used too often, so mix them with shorter sentences to keep your writing varied and engaging. Use the colon to point your reader’s atten tion like a spotlight—when you want to build anticipation and deliver impact.

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