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. But the reasons for such a rule are antiquated and have no application to today’s legal-writing landscape.
Rule: Split the infinitive when the resulting sentence is clearer.
Example #1:
- NOT “He agreed promptly to settle the lawsuit once he received our offer.”
- BUT “He agreed to promptly settle the lawsuit once he received our offer.”
- Why: In the first version, can you tell what was done promptly? Was it his agreement? Or was it the settlement? Avoid this ambiguity by splitting the infinitive.
Example #2:
- NOT “Plaintiff failed properly to allege damages.”
- BUT “Plaintiff failed to properly allege damages.”
- Why: The reason is self-evident: the first version sounds awkward, clunky, and nonsensical.
For more on split infinitives, read this article.
