Good v. Bad Legal Writing

By Daniel J. Kornstein
New York Law Journal
September 5, 2000

Examples of headings in a legal brief

Good Bad

The complaint does not state a cause of action. Since plaintiff does not allege performance, nor any excuse for non-performance, he cannot recover for breach of contract.

No contract came into being. Since defendant's circular did not state any terms concerning the quality or price of goods advertised, it was not an offer that could have been accepted.

Plaintiff is barred by the statute of limitations. Since plaintiff delayed three years before suing for libel, the suit is barred by the applicable one-year statute of limitations.

How to Write Right

Daniel J. Kornstein, a partner with Kornstein Veisz & Wexler LLP, writes frequently on legal subjects.

Good	Bad
The complaint does not state a cause of action.	Since plaintiff does not allege performance, nor any excuse for non-performance, he cannot recover for breach of contract.
No contract came into being.	Since defendant's circular did not state any terms concerning the quality or price of goods advertised, it was not an offer that could have been accepted.
Plaintiff is barred by the statute of limitations.	Since plaintiff delayed three years before suing for libel, the suit is barred by the applicable one-year statute of limitations.