Friday, October 05, 2007

Dates and topic sentences

I was reading a facts statement in a brief, and I came to a series of paragraphs that each began with a date. I know that many judges say over-use of dates is weak, and my reaction was the same: "this is bad, unpersuasive, tedious." So I told the author not to put all these dates in there. But the author responded that these dates were crucial. They showed a timeline and brought the factual scenario within time limits that were relevant under the governing law. I thought about it overnight. Finally, I came to a realization.

Dates are not topic sentences.

So I told the author to keep the dates, but to stop using them as topic sentences. Instead, begin each paragraph with a topic sentence that introduces what will be discussed in the paragraph. The date, if it is relevant, can appear somewhere in the paragraph. But the date is not the topic, so don't use the date as the topic sentence.

4 Comments:

Blogger Seer said...

What about setting out date material like that in a table or using bullets? That will give the "timeline" effect without the use of dates as topic sentences or burying them in a paragraph.

9:06 AM  
Blogger Scott J. Kreppein said...

I think everyone has struggled with this problem, and the work it into the paragraph approach is good. Several months ago I saw an article discussing this issue. I forgot where it was from or who wrote it, but I am fairly sure it was a federal judge. Their suggestion for dealing with dates was to identify the relationship between the dates in order to make the narrative flow better. Rather than "On or about August 1, 2007 [paragraph]... On or about August 15, 2007...", this article suggested using "August 1, 2007 [paragraph]... Two weeks later, on August 17..." Or, the article went on, you can simply state the significance without listing off dates if the dates themselves are uncontested (i.e., "This was within the statute of limitations").

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