Vermont Bar Journal, Vol. 40, No. 2 Winter 2014, Vol. 39, No. 4 | Page 30

by Beth McCormack, Esq. Quick Proofreading Tips for Busy Attorneys Introduction Proofreading mistakes are among the most embarrassing mistakes a lawyer can make, but they happen every day. Few among us have not turned the word statute into statue or based a motion to suppress on a lack of “probably cause” in our haste to meet a deadline. Or even worse, we have scandalized a memo by inadvertently writing about a “pubic hearing” instead of a public one. These mistakes are embarrassing, without a doubt, but costly too. Not only can they damage our credibility as attorneys and hurt our reputation with our clients, judges, and colleagues, but sometimes these mistakes can have financial consequences. Consider the case of a Minnesota attorney who was sanctioned and ordered to attend ten hours of legal writing classes because the documents he submitted to the court were “rendered unintelligible by numerous spelling, grammatical, and typographical errors” and these mistakes were “sufficiently serious that they amounted to incompetent representation.”1 In the court’s view, “[p] ublic confidence in the legal system is shaken … when a lawyer’s correspondence and legal documents are so filled with spelling, grammatical, and typographical errors that they are virtually incomprehensible.”2 Transactional lawyers are also vulnerable to proofreading mistakes, with higher stakes where precise wording or punctuation is critical; mistakes may lead to malpractice. Just ask the lawyer who drafted the postnuptial agreement between Frank McCourt, the former owner of the Dodgers, and Jamie McCourt, his former wife. Their postnuptial agreement stated Frank was the sole owner of certain property “including” the Dodgers franchise.3 At least some of the original copies did. After their divorce, Mrs. McCourt discovered that three originals of the documents substituted the word “including” with “excluding.” Of the six originals, three had Mr. McCourt owning the franchise solely and the other three had Mr. McCourt owning the franchise equally with Mrs. McCourt. The attorney who drafted the postnuptial agreement insisted that “excluding” was just a typo and those documents should have read “including.” Typo or not, the court ruled that the document was ambiguous.4 And the rest is history: Mrs. McCourt had a claim for joint ownership of the Dodgers franchise, Mr. McCourt was forced to settle with her, the McCourt divorce became one of the costliest divorces in California histo30 ry, and the drafting attorney was exposed to a malpractice claim.5 Examples of proofreading and typo disasters abound, and many of you may have your own horror stories, which prompts the question, why is proofreading so hard? Why can we look at a document today that we wrote two weeks ago and spot typos immediately when they were invisible during several rounds of proofreading then? Lack of time is part of the problem, but the biggest culprit is our short-term memory. Our short-term memory forces us to see what we intended to write on the page rather than what we did.6 So to increase our chances of catching typos and other mistakes, we must break the short-term memory’s hold. This article offers several quick suggestions on how to do so. Time The gold standard for proofreading is to give yourself time between completing your draft and your first proofread. Days are ideal. The passage of time will result in a break in your mind between what you think you wrote and what you actually wrote, thereby allowing you to see what’s actually on the page. This solution is probably as obvious as it is unrealistic to most busy lawyers. Most of us simply do not have the luxury to wait days before proofreading a document that was due to a court, a client, or a boss yesterday! In that case, even a short physical separation between you and the document can help. Try to finish a document at night and proofread it first thing in the morning. Or at the very least, take a break after you complete the document before you begin proofreading. There are a few other quick tricks you can try to increase the chances of catching typos and other mistakes, some tips that you use on a computer and some with hard copy. Computer Tips and Tricks Computer Tip 1—Control-Find: The Legal Writer’s Best Friend The “control-find” function on your computer’s word processing program is an ally in your fight against typos. Just hit “Control” and then the “F” key, and a text box appears on the screen. 7 I maintain a list of troublesome words and punctuation that I run through that text box in my finished document. Here are some of the things on my list: 1. The Three Great Grammar Gaffes THE VERMONT BAR JOURNAL • WINTER 2014 When training attorneys in legal writing, author Bryan Garner refers to three common grammatical mistakes as the “three great grammar gaffes.” They are: • Their/There • Your/You’re/You • Its/It’s Most of us know the correct usage of these words. But whether by lack of time, spell check, or some other slip of the hand, the wrong use can creep into our writing, and few mistakes are more embarrassing. Therefore, when I’m done with my document, I’ll spend some time “contro Y