What Is Muddled Writing?

Muddled writing has the following characteristics:

• It relies on abstractions rather than vivid, concrete terms;
• It is riddled with unnecessary jargon;
• It confuses the reader and makes him stop reading.

George Orwell illustrated the problem of muddled writing when he rewrote a Bible passage into the jargon of a modern-day professional. The Bible version says:

I returned and saw under the sun, that the race is not to the swift, nor the battle to the strong, neither yet bread to the wise, nor yet riches to men of understanding, nor yet favor to men of skill; but time and chance happeneth to them all.

Orwell's "translation" goes like this:

Objective consideration of contemporary phenomena compels the conclusion that success or failure in competitive activities exhibits no tendency to be commensurate with innate capacity, but that a considerable element of the unpredictable must invariably be taken into account.

Tomorrow: Why is muddled writing commonplace?

Comments

[Benjamin Barr]

"Muddled Writing" is so commonplace because it takes instruction, time, devotion, practice and humility to master the art. These are not traits commonly practiced in modern society. Quite simply, many lawyers will not take the time necessary to improve their writing.

The clear, concise writer always has the interests of his audience in mind -before- he writes. The same writer also organizes and thinks about the issues, and his conclusions, before he starts writing. For many, this seems like extra, insignificant steps in the writing process that take up more of their time. However, the payoff is large because the effectiveness of your advocacy increases dramatically when your writing is simplified and addresses the concerns of your audience.

Ordinarily, most audiences appreciate clear, concrete, and organized (read: use titles and subtitles) briefs. Being effective in writing this way normally means using an editor and practice, practice, practice.

In short, few lawyers take the time necessary to outline their briefs and organize their material efficiently for successful advocacy. Fewer still take time to seriously think about their audience before writing their briefs.

To be a good writer, a lawyer will, on a regular basis, return to the elements of style to continually improve his approach. This requires a lawyer who: (1) is humble (able to learn), (2) is dedicated to good writing (has made this value choice), and (3) has devoted time to improving his writing.

Best,

Benjamin Barr
Staff Attorney, Nineteenth Judicial Circuit

[Evan]

Well said.

[Bridget]

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