January 22, 2008

Writing Tip of the Week

Misplaced Modifiers

Modifiers are single words, phrases, or clauses used to elaborate on a word or concept within the sentence. When working with modifiers, remember to keep the modifiers close to the words or concepts they modify.

1. Some Common Words are Often Misplaced.

Words such as almost, also, even, ever, exactly, hardly, just, merely, only, and barely should be placed immediately before the words they modify. Notice how the placement of only radically changes the meaning in the following sentences:

Only the defendant thought that the car was rented. (No one but the defendant thought that.)

The defendant only thought that the car was rented. (He did not know for sure.)

The defendant thought only that the car was rented. (He thought one thing, nothing else.)

2. Place Modifying Phrases and Clauses Where Readers Can Recognize What They Modify.

Misplaced— Many pedestrians are killed each year by motorists not using sidewalks.

Revised— Many pedestrians not using sidewalks are killed each year by motorists.

3. Move Awkwardly Placed Modifiers.

A word or group of words that modifies a verb, adjective, or adverb should not come between a verb and its direct object.

Misplaced— The hurricane destroyed completely the city’s tallest building.

Revised— The hurricane completely destroyed the city’s tallest building.

While single word adverbs can come between a subject and its verb, placing adverbial phrases in this position often causes awkward sentences.

Misplaced— Galveston, following the hurricane of 1900 that killed thousands, built a seawall to prevent future catastrophes.

Revised— Following the hurricane of 1900 that killed thousands, Galveston built a seawall to prevent future catastrophes.

4. Avoid Split Infinitives of Modifiers When Awkward.

Placing an adverb (or adverbial phrase) between to and its verb is called a split infinitive. As a general rule, avoid split infinitives because they cause confusion.

Misplaced— The water level was predicted to not rise.

Revised— The water level was predicted not to rise.

Misplaced— The plaintiff should try to if possible avoid speaking out of place in the courtroom.

Revised—If possible, the plaintiff should try to avoid speaking out of place in the courtroom.

Frequently, courts are asked to construe modifiers. Under the Doctrine of the Last Antecedent, courts presume that drafters place modifiers next to what they intend to modify.

Adapted From: Effective Legal Writing—Block

The Legal Writing Handbook—Oates, Enquist, & Kunsch

The Penguin Handbook—Faigley

Prepared by: Jennifer Lussier and Chris Dunn