Embrace Active Voice In Legal Writing - In Most Cases

Abstract

This article focuses on the advantages of using active voice in legal writing. First, it addresses the difference between active and passive voice using examples. Second, it explains why many legal writers, such as judges and legal writing experts, prefer active voice. Third, it provides an example of how the use of passive voice in a statute led to recent litigation in the Supreme Court. Finally, it addresses those limited situations where passive voice is preferred.

Keywords: legal writing, active voice, passive voice