November 12, 2007

Writing Tip of the Week

Correct Use of the Comma—Part 4

Ø Use a Comma to Set Off Nonrestrictive Participial Phrases

Participles are formed from verbs and can serve as adjectives. Present participles have an “ing” ending; past participles have a variety of endings, depending on whether the verb is regular or irregular.

verb present participle past participle

talk talking talked

think thinking thought

Many sentences in legal writing have a beginning or an ending participial phrase to describe the rationale for the action expressed in the main verb. Such participial phrases are not misplaced or dangling if they modify the subject of the sentence.

Reasoning that the sentence imposed was disproportionate to the gravity of the offense, the State Supreme Court reversed and remanded for resentencing.

The State Supreme Court reversed and remanded for resentencing, reasoning that the sentence imposed was disproportionate to the gravity of the offense.

Finding that the seizure fell under the plain view doctrine, the trial court denied the motion.

The trial court denied the motion, finding that the seizure fell under the plain view doctrine.

***Note: restrictive participial phrases should not be set off with commas.

The attendant noticed blood on the shirt of the man washing his hands.

Ø Use a Comma or Commas According to Convention with Quotation Marks

Commas are frequently used to separate informal quotations from words in the same sentence that introduce, interrupt, or follow the quotation.

Corbin said, “I never saw the other car until it was right on top of me.”

***Note: If the quotation is immediately preceded by “that,” do not use a comma.

Adapted from: The Legal Writing Handbook—Oates, Enquist, & Kunsch

Prepared by Chris Dunn