Transitions in Legal Writing

Good legal writing seamlessly carries its reader from one idea to the next, smoothly paving the way for the reader to arrive at the ultimate conclusion. One of the most important tools for carrying the reader through an argument is the transition from one sentence or paragraph to the next.  Transitions serve as a subtle reminder to the reader of the idea that preceded it and signal an expansion of that idea.

I often think of transitions as the link between two train cars, connecting, not only the two cars, but the entire train.  Strong transitions repeat a key word or words from the preceding sentence or paragraph and, sometimes, use a conjunction or a conjunctive phrase to join the sentences or paragraphs.  For example,

. . . . The bare allegation of property damage alone was sufficient to demonstrate a potentially covered claim for “property damage” cause by “an occurrence.”

Contrary to the District Court’s holding, a potential for coverage was not foreclosed simply because the cross-complaint failed to contain any facts to show that the “property damage” was actually caused by an “occurrence.” . . .

Here, the writer repeated several key terms which serve clarity and continuity. And the use of  ”contrary” signals to the reader that the new paragraph is related to the preceding one and bolsters the repetition. Using these tools allows the reader to more easily grasp the argument and prevents them from getting distracted or confused.

Without strong transitions, the reader is left to create the links from one idea to the next.  Even in cases where the links are relatively apparent, the reader is disoriented and following the argument is unduly cumbersome. The extra work a reader must do to understand the argument undermines it, no matter how meritorious. Strong transitions are essential to persuasive writing because they allow a reader to arrive at the conclusion effortlessly and without distraction. Not only does this ensure that the reader understands the point, but it makes the point seem as though it is the inevitable — and, perhaps, only — conclusion.