What Are Tabulated Lists in Legal Text?
Tabulated lists are extremely useful in legal writing. They improve the readability of text by breaking it up into smaller chunks that readers can quickly scan and easily digest. They also make complex information like statutes or contracts easier for the reader to comprehend. Although sometimes thought to be too formal for use in documents and letters, tabulated lists have their place in these as well. In fact , most legal documents from pleadings to contracts will contain at least one tabulated list and often more.
Tabulated lists are quite simple, they are just sections of lists separated by one of the following: commas, semicolons, line breaks, or paragraph breaks. Regardless of the type of tabulated list used, the important feature is the visual separation of individual items in the list. Below are examples of each of the tabulated lists referred to above:
Advantages of Tabulated Lists in Law
When it comes to legal writing, maximizing reader comprehension is usually at the forefront of our minds. In this context, tabulated lists provide tremendous help, in terms of leading the reader through a lengthy legal document. Moreover, a well-structured tabulated list creates an aesthetic visual hierarchy that is instantly recognizable to the reader. This is particularly true when dealing with various enumerated sections and subsections. Where a reader would have to carefully wade through long-form text to understand the organization of key sections intermixed with many other sections, a tabulated list creates a clear roadmap, illustrating how each item fits into the overall structure of the document.
Consider, for instance, a situation where a client is reviewing a lengthy piece of correspondence from a lawyer. Some portions may be entirely new to the client; some portions may relate back to a complex discussion that took place previously. With a well-constructed tabulated list, the client will be able to see how the current correspondence falls into the overall structure of the matter; they will be able to clearly relate the text that they are reading to other portions of the document. While longer legal documents such as briefings, affidavits, claim statements, etc. may necessarily require numerous parts, subsections and clauses, a tabulated list can provide a clear, easily navigable way to organize all of these different sections.
Notably, the guidelines for tabulated lists in legal writing differ from more traditional writing styles. Although there are many writing guides that suggest using roman numerals in these circumstances, for legal documents they may sometimes be confusing and overly cumbersome. As a simple solution, it often makes more sense to replace them with regular Arabic numerals.
Types of Tabulated Lists Used in Legal Writing and Documents
Legal writing often employs tabulated lists as a way of conveying detailed information in a structured way. There are three common types of tabulated lists in legal writing: numbered lists, bulleted lists, and tables. Numbered sub-points are useful when items in your list are hierarchical. If each point that follows must respond to or build on the points preceding it, then a numbered sub-list will probably be your best choice. For example: Vicarious liability in California is governed by two doctrines: the respondeat superior doctrine and the vicarious liability doctrine. Under the respondeat superior doctrine, an employer is liable for the tortious conduct of an employee if the tortious conduct falls within the course and scope of the employee’s employment. Kuehn v. Stanley, 194 Cal. App. 4th 283, 285 (2011). The vicarious liability doctrine, however, imposes liability on the basis of a nonemployee’s work being an integral part of the employer’s business. Id. What follows is a bulleted sub-list: Respondent asserts that she may not be held liable because she did not meet the ownership criteria of the statute. But certain facts alleged by respondent in her prayer for relief do not preclude liability. First, respondents allege that she "was in or upon the premises." Second, respondents allege that defendant "controlled respondent’s premises." Either allegation is sufficient to constitute ownership within the meaning of the statute. Finally, you may wish to avoid order altogether. In such circumstances, a table may be best suited to your needs. When showing complex information that is both categorical and multi-dimensional, including proportionate relationships, a table can be very effective. In this case, the sizes and characteristics of populations are most clearly presented as shown in Table 1 below. In California, both medical groups and medical providers have a responsibility and liability to use reasonable diligence in gathering, recording, reviewing, and transmitting patient medical information. Generally, medical groups—unlike individual physicians—are required by statute to maintain the general health records of their patients in 2-year increments. FAC § 891. A medical group’s failure to do so is the equivalent of the individual physician’s failure to do so. FAC § 891(c); see also FAC § 890(c)(4) (defining "medical group" as two or more physicians in partnership or association in the practice of medicine) For the most part, considerations of readability, clarity, and emphasis will guide your choice of tabulated lists. Just bear in mind the following principle: the more complicated the information that you will be presenting, the more structured and organized the list should be.
Guidelines for Constructing Tabulated Lists
When embarking on the creation of tabulated lists in your next legal document, be sure to keep the following best practices in mind. The first principle is to always strive to maintain a consistent format across the entire document. Readers should have no discrepancy between the way the first list is styled and the way the last one is, even if the lists appear hundreds of pages apart. This consistency creates a more polished document that’s easy to read. Second, the information contained in the list should always add value to the document and not serve as filler space. A list is the final statement on a particular point, so it’s important that you’re succinct and on point and that you stick to information that is necessary to properly support your argument. Third, your list headings should clearly indicate what the items preceding the heading house. For example, sticking with a list representing the key statutes in a case, your heading may read "Remaining Statutes" immediately prior to the list you’re creating. However, avoid the use of unnecessarily long headings and avoid inserting comments into the heading itself, as these all add to the perceived length of the document. Also, bear in mind that lists don’t necessarily have to appear in chronological order. They should logically flow into one another in a way that best supports the piece and creates the most seamless experience for the reader from one point to another. A list pointing to items with internal citations should not break the flow of the document. Another tip is to keep the spacing around the list consistent. Consistency is the key, regardless of whether you’re adding double-spacing or single-spacing before and after each list. Avoiding visible page breaks and gaps makes it easier to follow. When it comes to word choice, unless you indicate otherwise, the reader shouldn’t have to look up an unfamiliar term. Again, this avoids the interruption of the reader’s flow and makes for a more cohesive piece. In most cases, you’ll want to use short, declarative sentences for lists, as they will be easier for the reader to digest. Finally, ensure the items preceding the list you’re creating are relevant, correct and appropriately linked to the list itself.
Sample Tabulated Lists in Legal Writing
Legal documents benefit from the use of tabulated lists, derived from the Boolean structure of legal clauses. Written in simple language, they satisfy the mental logic that runs through a reader’s brain, and their structure makes it easy to navigate and analyze even large amounts of information. They should therefore be a staple of legal writing.
To understand how and where to use tabulated lists, and the applicable punctuation rules, look at a few real-world examples of successful ones from published court decisions.
Example 1
In the case of Bernard et al v. Corbetta, 304 So.3d 342 (La. App. 5th Circ. 2020), the court examined all of the contractual and legal obligations between the parties and relied on a numbered tabulated list for clarity:
"Contractual and legal obligations of the parties, as set forth by La. R.S. §9:3891 et seq., are:
(1) To provide an adequate background check, which includes verification of the applicant’s identity; (2) To deliver written information to the applicant disclosing what information will be sought and from whom; (3) To have a written policy requiring the destruction of criminal history record information not subject to disclosure under La. R.S. § 44:3(B)(3); (4) To maintain a toll-free telephone number for applicants to call to dispute erroneous or incomplete information in their criminal history record information; and (5) To provide access to, or copies of, all reports required to be maintained by the provider, including by electronic means."
A tabulated list is exceptionally useful when obligations are being inferred from multiple sources, such as statutes, regulations, and contractual terms. Here, for example, the parties had a complex and arguably conflicting web of rights and duties, with some rights and duties arising from one source and the converse arising from another . The court’s use of the above list, interweaving the various sources, shows how one can distill and present a sophisticated bouquet of legal obligations into a single comprehensive summary.
Example 2
Tabulated lists are also useful, as here, in describing the events leading up to a given result:
"In March 2016, after the proper motions, hearings, changes of attorney, and further deliberation, the trial court … issued a Ruling denying the defendants’ motion for summary judgement dismissing Counts I-V of the [Plaintiffs’] Petition whose allegations include:
(1) breach of express and implied warranties associated with the sale of special damages from exposure to benzene and/or any other chemicals to which the Cruzes were periodically exposed while working as truck drivers for the defendant; (2) strict liability based on defective design; (3) strict liability based on unreasonably dangerous design and/or failure to warn; (4) negligence; and (5) loss of consortium.
Thus, the Cruzes filed this action against defendants here, and we consolidated appeals from the Ruling of the trial court."
Originally, these statements, if embedded in paragraphs, would likely have ruined the flow of the text and would not have shown the interrelationship of dates and events, which was a central issue in the case. The use of tabulated lists to construct sentences around narrow points and interrelate them, helps remove the need to write unwieldy paragraphs while strengthening the overall flow of the document.
This approach, which is formed around verbal and conceptual clusters in your analysis, often comes in handy when you’re dealing with a particularly long and complicated timeline. However, never lose sight of your legal do’s and don’ts when using a list: make sure you observe all the punctuation rules correctly, be consistent, don’t let your lists become too long, always use complete sentences, etc.
The Reader’s Viewpoint: The Effectiveness of Tabulated Lists
Tabulated lists not only aid the writer in clarity and organization, but they also significantly enhance the reader’s understanding of the content. In legal writing, we are first and foremost communicating ideas. The reader is in our mind, experiencing the subject under discussion, and expecting to understand what we are asserting and why. She encounters, from the outset, the scope of the content by reviewing the table of contents. She determines within seconds where she wants to go in the body of the text, having already set her course for the conclusion. She follows a smoothly flowing path dictated by the logic and organization of the argument. The information addressed is segmented. It is in focus. And, it is processed with a clarity that allows readers to grasp, if not all of what they are reading, then at least enough of it that they clearly understand the main ideas. Lawyer, client, and judge processes the tabulated text smoothly and effectively. Not necessarily requiring conscious effort, the process is intuitive and elegant. However, if her mental processing involves excessive effort, it is then as if a walled-off dialog is required to re-invigorate the communication process. The necessary effort of coping with the structure of the text fundamentally shifts the context for the reader’s experience. The wall between the idea and the reader will have been erected to the level of distraction. Readers, regardless of their level, are never aware of what they missed because their interest and emotional connection to the exchange were undermined by the excess effort. Nor can they immediately retrieve and recall all of the content expressed in the text because contextual information, both in memory and written form, is missing. Of course, no one expects a perfect performance every time. Readers are willing to work harder if needed to glean understanding. But, the context of that effort-the same context from which an emotional connection emerges or can be lost-is the wall that separates and undermines the potential impact of the text. With a well-constructed tabulated list, readers experience an enhanced context for all of the ensuing communications. They can enter the context quickly, having foreseen the scope of the discussion. They can determine a path through the text. They can process the content without excessive effort. And, they can move relatively easily to other segments in the text, to an important, helpful detail; or ultimately the conclusion. The wall between the reader and the text has been leveled, and maximum impact on awareness has been achieved.
Conclusion: Using Tabulated Lists
By now, you’ve learned what tabulated lists are and how to format them properly. You’ve even seen some examples of what they look like in actual legal documents. So, what’s next?
Simply put, if you want to be successful at legal writing, you’ll want to master the art of tabulated lists. They’re among some of the most useful tools in legal writing and in my opinion , as you know I think they should be used more often, rather than less. In fact, I think they’re growing in popularity and will almost surely continue to do so. So, like other aspects of legal writing, mastering tabulated lists is a goal worth aiming for in your legal writing.