Yet many lawyers' prose contains passive verbs that bog down sentences and get readers stuck. While passive verbs can be appropriate when the writer wants to emphasize the receiver of the action, rewriting a sentence to remove a passive verb almost always improves the sentence. Restructure the sentence so that the subject performs the action and takes center stage. The historical markers of a writing trip, these words may look interesting, but they slow readers down. Rewrite the sentence the way you would say it in casual conversation.
Legal writing is full of sentences that wind on like curvy country roads.
The problem is that the reader often cannot follow the writer's thoughts. The cure is to cut the sentence in half or, if necessary, into three or four separate sentences that capture the different points to be made. Condense wherever possible. Use periods often. The plaintiff claimed that the defendant's company infringed on SmithTM's rights by marketing a similar product named SmithCheck.