English Diagnostic Series: Metadiscourse – the Confidence Vampire

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When I work with young lawyers on their English writing, I frequently see the following types of metadiscourse (aka. sentence starters):

  • Please note that

  • We understand that

  • The logical conclusion is that

Many students oftentimes don’t understand the purpose of this language (e.g. they think that “please note that” is simply about being polite). Even worse, they don’t recognize that metadiscourse can make them look unconfident.

If you would like to avoid using such confidence vampires in your writing, read on.

What is metadiscourse?

When lawyers are using metadiscourse, they start their sentences with an unusual pattern: blah, blah, that. For example,

  • Section 2.4 of the Insurance Agreement provides that

  • The panel should be aware that

  • It is important for us to point out that

Readers find this pattern strange because instead of just telling the story, the lawyers are jumping in to make comments. Although these comments are usually well-intended, they typically interfere with the reader’s ability to get the important information.

But, the real problem is that metadiscourse oftentimes signals that the lawyer is not confident about their own advice story. To see this problem, compare the following versions of text:

Version A

We understand that the dispute stems from the Contract that XX signed with YY, represented by the Minister of Public Contracts, on 30 December 2015. We also understand that XX had 30 months to complete the construction of the sports centre.

Version B

According to our understanding, the dispute stems from the Contract that XX signed with YY, represented by the Minister of Public Contracts, on 30 December 2015. Also, XX had 30 months to complete the construction of the sports centre.

If you are like most of my students, you prefer Version B because it simply flows more smoothly and sounds normal. With Version A, many lawyers (and clients) find it annoying for the following reasons:

  • The writer seems overly concerned about the need to communicate that the firm has not confirmed the facts.

  • The writer is unnecessarily slowing the down the reading experience by not immediately getting to the important information.

  • The writer definitely sounds like a more junior associate.

What’s the fix?

To avoid this confidence problem, here’s what you do.

Option 1: Delete It.

Oftentimes, you can just delete the metadiscourse and it won’t have any effect on the substance of your writing. For example:

  • Please note that the deadline for the submission is June 19.

  • The deadline for the submission is June 19.

Option 2: Create an Introductory Phrase or Sentence

Other times, you need to keep the information in the metadiscourse. In this case, you can typically just move this information into an introductory phrase. Or, if it’s really long, you can put it into an introductory sentence. For example:

  • Bad: Hungary's Act LXXXI of 1996 on Corporate Tax and Dividend Tax, as amended, (the "Corporate Tax Act") provides that if taxpayers are domiciled in Hungary, their tax liability shall apply to both their income from Hungary and from abroad (full tax liability).

  • Better: According to Hungary's Act LXXXI of 1996 on Corporate Tax and Dividend Tax, as amended, (the "Corporate Tax Act"), if taxpayers are domiciled in Hungary, their tax liability shall apply to both their income from Hungary and from abroad (full tax liability).

  • Best: The relevant law is Hungary's Act LXXXI of 1996 on Corporate Tax and Dividend Tax, as amended, (the "Corporate Tax Act"). According to the Corporate Tax Act, if taxpayers are domiciled in Hungary, their tax liability shall apply to both their income from Hungary and from abroad (full tax liability).

Next Steps

If you would like to see if your writing is giving bad confidence vibes, just open your most recent advice in Word and search for the following types of expressions: “please note that”, “it is important that”, “we believe that”. You might be surprised by how often they appear.