Legal Writing Center

September 10, 2007

Writing Tip of the Week

Active and Passive Voice

 

The term “voice” applies to the relationship of the subject to the action expressed in the verb.  Active voice positions the doer of the action as the subject of the sentence.  Passive voice either eliminates the doer of the action or weakly positions the doer of the action as the object of the sentence.  Although both active and passive voice are grammatically correct, your sentences will be more powerful if you choose active voice.  

 

                1)            Active voice is more concise and efficient than passive voice:

 

                                Active                     The marshal left the summons.  (5 words)

                                Passive                  The summons was left by the marshal.  (7 words)

 

                2)            Active voice uses a more vigorous verb.

 

                                Active                     The plaintiffs filed a complaint in the Superior Court of Chavez,

County, New Mexico.  (emphasis on subject performing the action)

                                Passive                  A complaint was filed by the plaintiffs in the Superior Court of

                                                                Chavez County, New Mexico.  (The auxiliary verb “was” and the

                                                                preposition “by” dilute the energy of “filed.”)

 

                                Active                     The legislative history supports our conclusion.

                                Passive                  Our conclusion is supported by the legislative history.

 

TIPS FOR IDENTIFYING PASSIVE VOICE:

               

1)            You should circle the preposition “by” in your sentences.  Then determine whether the doer of the action is in the subject or object position.

 

                                Active                     The defendant (doer of the action of “erased” and subject of the

 sentence) erased a portion of the tape.

Passive                  A portion of the tape was erased by the defendant.  (The doer of the action of “erased” is buried at the end of the sentence in a

                                                                prepositional phrase.)

 

                2)            You can recognize passive-voice expressions because the verb phrase will always

include a form of be, such as am, is, was, were, are, or been.  The presence of a be-verb, however, does not necessarily mean that the sentence is in passive voice.

 

Active                     In the Forbush case, the Fourth Circuit questioned the admissibility of post-hypnotic testimony.

Passive                  The admissibility of post-hypnotic testimony was questioned by the Fourth Circuit in the Forbush case.

 

Adapted from: Plain English for Lawyers—Wydick

The Purdue University On-Line Writing Lab: http://owl.english.purdue.edu/

Prepared by: James Wright, Christopher Dunn, and Jennifer Lussier