Reader-Drawn Conclusions #5
Definition
Writing technique
The discipline of stopping before stating the inference. The drafter presents facts in a sequence that makes one conclusion inevitable, then does not state that conclusion. The reader supplies the judgment independently and trusts it more because they arrived at it themselves.
Example
"That motion was filed the day after Respondent received notice that Movant's key witness had become unavailable. It sought to adjourn the deposition that witness was scheduled to give." (The drafter never says "opportunistic" or "bad faith." The reader does.)
Anti-pattern
"In a blatant display of bad faith, Respondent's counsel opportunistically moved to adjourn immediately after learning the witness was unavailable."
Requirements
- Two or more facts presented in sequence
- The conclusion is obvious from the juxtaposition
- The drafter does not state the conclusion
- No characterizing adjectives or adverbs are attached to the facts
Why it works
A conclusion a reader reaches on their own is one they own and need not be sold on. The drafter who states the conclusion is asking the reader to take it on faith; the drafter who lets the facts make the point hands the reader a conclusion they can verify for themselves. The aim is a record clear enough that the court reaches the right result without being told to.