Split Infinitive
What Is a Split Infinitive? A split infinitive involves placing an adverb or other word/phrase between the word “to” and an infinitive verb (e.g., “go”): “to boldly go.” Historically, there was a rule against splitting infinitives. However, the reasons for such a rule are antiquated and have no application to today’s legal-writing landscape.
Rule for Modern Legal Writing
Split the infinitive when the resulting sentence is clearer. The goal is to enhance readability and eliminate ambiguity, making your legal documents more precise and professional.
Example #1
- Incorrect: “He agreed promptly to settle the lawsuit once he received our offer.”
- Correct: “He agreed to promptly settle the lawsuit once he received our offer.”
- Why: In the first version, it’s unclear what was done promptly. Was it his agreement? Or was it the settlement? Avoid this ambiguity by splitting the infinitive.
Example #2
- Incorrect: “Plaintiff failed properly to allege damages.”
- Correct: “Plaintiff failed to properly allege damages.”
- Why: The reason is self-evident: the first version sounds awkward, clunky, and nonsensical. The second version flows naturally and is easier to understand.
Practical Tips for Legal Writers
- Prioritize Clarity: Always choose the construction that makes your sentence easiest to understand.
- Read Aloud: Hearing your sentences can help you determine if they sound natural and clear.
- Be Consistent: Apply the split infinitive rule consistently across your documents to maintain a professional tone.
Conclusion
The split infinitive is no longer a grammatical faux pas. Instead, it is a valuable tool for legal writers aiming to produce clear, unambiguous, and professional documents. Embrace this modern approach and elevate the quality of your legal writing.
For more on split infinitives, read this article.