Deleting Legalese and Using Clear Language in Legal Writing.

22 Sunday Dec 2013

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Court Orders, Legal Writing, Legalese

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Carol Bast, Court Order, Florida Bar Association, Judge Steven D. Merryday, Legal Writing, Legalese, Plain English, Plain Language, State Bar of Michigan

Lawyers Should Use Plain Language, by Carol M. Bast (published in October 1995 Florida Bar Journal)

http://www.michbar.org/generalinfo/plainenglish/PDFs/85_oct.pdf

I have often heard the excuses for using legalese. Clients expect it. It sounds better and well, just, more “legal.” Would it surprise you to know that there is no statute, case law, court rule, or other legal authority that requires legalese? There simply isn’t.

I also have heard the excuse that legalese impresses the court. It sounds more official. Did your brief win because it sounds more pompous or because your argument was more clearly explained and understood by the court? To illustrate that point, please read this Court Order posted by Lowering the Bar Blog:

http://abovethelaw.com/uploads/2012/11/Merryday-Order.pdf

If you need further proof of dropping legalese in legal writing, see this compilation of outstanding articles by members of the Plain English Subcommittee of the State Bar of Michigan. It is a valuable motherload of articles of clear writing, and well worth studying by anyone who aspires to write well. -CCE

http://www.michbar.org/generalinfo/plainenglish/

Use Quotations Sparingly.

22 Sunday Dec 2013

Posted by Celia C. Elwell, RP in Bad Legal Writing, Legal Writing, Quotations

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Louisiana Civil Appeals Blog, Quotations, Raymond Ward, the (new) legal writer

The Danger Of Over-Quoting, by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/plg2tf8

Page after page of lengthy quotations are the sign of a lazy writer. Use quotes to add credibility to your argument, but not to make your argument for you. When readers are faced with a lengthy quote, a reader often skims over it than reading it in its entirety.

A good rule of thumb is to quote only when the court says it better than you can. Even then, quote sparingly. Use spot citations for any quote, holding, or reasoning by the court in your document. -CCE

Plain English Tools include Gobbledygook Generator

20 Wednesday Nov 2013

Posted by Celia C. Elwell, RP in Bad Legal Writing, Legal Writing, Legalese

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Bad Legal Writing, Gobbledygook, Legal Writing, Plain English Campaign

Examples and Plain English Tools, The Plain English Campaign

http://www.plainenglish.co.uk/campaigning/examples.html

We are often asked if we have any examples of communication at its worst. If you are looking for past Golden Bull winners or ridiculous ‘management speak’ such as ‘feedforward’, or you merely want to create your own phrase using our ‘Gobbledygook generator’, this section of the site will help you.

Ending Confusion To End Litigation.

18 Monday Nov 2013

Posted by Celia C. Elwell, RP in Bad Legal Writing, Contract Law, Legal Writing, Legalese

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Contracts, Ken Adams, Legal Writing, Legalese

More Antecedent Ambiguity: “Thereof,” by Ken Adams, Adams on Contract Drafting

http://tinyurl.com/n7fup2u

Do we use legalese because we think it simply sounds “legal”? Why do we choose legalese over plain, clear writing? There is no statute, court rule, or case law that requires it. These words are not a legal term of art. Why do we cling to it with such a passion? CCE

How to Convince the Court that Your Client Deserves to Win.

17 Sunday Nov 2013

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Legal Writing

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Bad Legal Writing, Brief Writing, Kenneth F. Oettle, Legal Writing, New Jersey Law Journal, Sills Cummis & Gross

Choose an Approach that Will Appeal to the Court’s Conscience, by Kenneth F. Oettle, at Sills Cummis & Gross P.C.

This article, found at Sills Cummis & Gross, P.C. website, was originally published in the New Jersey Law Journal. It was later published in the Michigan Bar Journal (May 2008), and again in Ken Oettle’s book, “Making Your Point,” by ALM.

http://www.sillscummis.com/Repository/Files/2008_May_Oettle.pdf

An except from this article:

To shape an argument, particularly in head-to-head litigation under the common law, where the focus is more personal than institutional, look for a fact or a fact scenario that purports to elevate the moral standing of your client over that of the other side, giving your client the white hat, the high ground.

Show the adverse party to have engaged in morally challenged behavior, such as violence, promise-breaking, deception, delay, self-indulgence, laziness, or lack of care. If the moral offense goes to (is within the confines of) the issue in the case (and sometimes even if it is not—but be careful there), you will give yourself a good chance to persuade the court that your client deserves to win and the other side deserves to lose.