Section 4. Divide the document into sections, and divide sections into smaller parts as needed.

Use informative headings for the sections and subsections.

Once you've determined the necessary order of your document, you should divide it into discrete, recognizable parts. This may well present a serious challenge because the legal because the legal mind isn't very good at division. Its strength is multiplication multiplying thoughts and multiplying words. Still, with a little effort, you can learn to divide a document into readable segments of text. While you're figuring out a structure, make its parts explicit. This will help both you and your readers. The more complex your project, the simpler and more overt its structure should be. When writing a memo or brief, try thinking of its contents as a series of points you want to make. Each point will account for a chunk of the wholea chunk on this, a chunk on that, yet another chunk on this other point. For each of these parts, ask yourself, What would make a pithy section heading here? Then put it in boldface so that it really stands out. Youll probably need to go even further by devising subheadings as well. Small sections are far easier than large ones to organize logically. And busy readers welcome having a stream of information divided up this way. State and federal judges routinely emphasize this point at judicial-writing seminars. They say that headings and subheadings help them keep their bearings, let them actually see the organization, and afford them mental rest stops. Another advantage they mention is that the headings allow them to focus on the points theyre most interested in. In fact headings have many advantages: Whether you realize it or not, they help you organize your thoughts into categories. They give readers their bearings at a glance. They provide some visual variety to your pages. They make the text skimmable an important quality for those in a hurry. They instantly signal transitions. When collected into a table of contents, they provide a road map for the whole document, however long it might be (see 45).

Youd think these things would be obvious. But to many writers, theyre not. Lets take a short example a paragraph from an amended agreement of sale. At first it might look all right:
4.5 Upon the additional property closing, the Purchaser will: (A) authorize the title company to release the additional property escrow funds to the Additional Property Seller; (B) execute and deliver such documents as may be reasonably required by the Additional Property Seller or the title company;

(C) deliver a certificate of good standing, a certificate of Purchasers corporate existence, and copies of all documents requested by the Additional Property Seller to show the Purchasers corporate existence; (D) execute and deliver the additional bill of sale, assuming the obligations under the additional contracts from the date of the additional property closing and the obligation relating to the physical and environmental condition of the additional property; (E) at the additional property closing, Purchaser and the Additional Property Seller will execute and deliver an additional closing statement setting forth the amount held in the additional property escrow and al prorations, adjustments, and credits to that escrow, and, if necessary, a post-closing agreement for the additional property closing for any adjustments based on estimates that are to be readjusted after the additional property closing.

The problem is that paragraph 4.5 has been plopped into the midst of paragraphs 4.1, 4.2, 4.3, 4.4, 4.6, and so on not one of which has a heading. Without significant effort, the reader wont be able to see what each paragraph is about. Well,: the naysayer might object, agreements of sale arent supposed to be pleasure reading. After all, other lawyers are paid to read them! But thats not really an argument you can make with a straight face. And were not talking about making the readers task more pleasurable. When you put a heading on the paragraph, look what happens:
4.5 Purchasers Obligation upon Closing. Upon the additional property closing, the Purchaser will: (A) authorize the title company to release the additional property escrow funds to the Additional Property Seller; (B) execute and deliver such documents as may be reasonably required by the Additional Property Seller or the title company; (C) deliver a certificate of good standing, a certificate of Purchasers corporate existence, and copies of all documents requested by the Additional Property Seller to show the Purchasers corporate existence; (D) execute and deliver the additional bill of sale, assuming the obligations under the additional contracts from the date of the additional property closing and the obligation relating to the physical and environmental condition of the additional property; (E) at the additional property closing, Purchaser and the Additional Property Seller will execute and deliver an additional closing statement setting forth the amount held in the additional property escrow and al prorations, adjustments, and credits to that escrow, and, if necessary, a post-closing agreement for the additional property closing for any adjustments based on estimates that are to be readjusted after the additional property closing.

Subparagraph (E) suddenly sticks out: it doesnt fit within the category of the heading, and it doesnt fit with the other subparagraphs. (On parallelism, see 9.) Well need to do something about it. Depending on the larger context, well either put it as a subparagraph somewhere else

or make it a paragraph of its own. But all this might have been difficult to see if we hadnt gone to the trouble to think about headings for every decimal-level paragraph. A device as simple as headings can help you think more clearly.

Exercises
Basic
Find a pre-1950 law-review article or treatise with long stretches of text uninterrupted by headings. Devise appropriate headings. If, as a result of this exercise, you find that the organization is poor, note the organizational deficiencies. If you're a member of a writing group or class, bring a copy of the relevant pages and be prepared to explain where your headings would go and to discuss any organizational problems you uncovered.

Intermediate
In a state administrative code, find a regulation having at least three sections with headings that don't adequately describe the sections' contents. Devise better headings. If you're a member of a writing group or class, be prepared to explain why your edits would improve the regulation.

Advanced
Find a proxy statement or prospectus with long stretches of uninterrupted text. Break up the long paragraphs into smaller paragraphs and add headings where appropriate. For a model of this approach, see Garner, Securities Disclosure in Plain English 41-43 (1999). If, as a result of this exercise, you find that the organization is poor, note the organizational deficiencies. If you're a member of a writing group or class, bring a copy of the relevant pages and be prepared to explain where your headings would go and to discuss any organizational problems you uncovered.