• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Citations

Top Posts for 2014.

01 Thursday Jan 2015

Posted by Celia C. Elwell, RP in ALWD, Android Phones, Citations, File Naming Conventions, Law Office Management, Legal Ethics, Legal Technology, Legal Writing, Legalese, Microsoft Office, Office Procedures, Outlook, Readability, The Bluebook

≈ Comments Off on Top Posts for 2014.

Tags

Android Phones, Legal Citation Format, Legal Ethics, Legal Writing, Legalese, Microsoft Outlook, Top Posts for 2014

Here they are – the posts ranked highest during 2014, the first full year for this blog. Posted in order of popularity, it is an interesting mix. Many thanks for stopping by. -CCE

Android Users – Good Advice And Alternative Options For Google Calendar Sync.

https://researchingparalegal.com/2014/07/09/android-users-good-advice-and-alternative-options-for-google-calendar-sync/

Peter Martin’s Introduction to Basic Legal Citation — An ALWD and Bluebook Cheat Sheet.

https://researchingparalegal.com/2013/10/31/peter-martins-introduction-to-basic-legal-citation-an-alwd-and-bluebook-cheat-sheet/

Legal Ethics Head’s Up – Don’t Get Drunk, Move A Dead Body, And Lie To Police.

https://researchingparalegal.com/2014/02/10/legal-ethics-heads-up-dont-get-drunk-move-a-dead-body-and-lie-to-police/

What The Heck Does “SS” In An Affidavit Mean Anyway?

https://researchingparalegal.com/2014/05/25/what-the-heck-does-ss-in-an-affidavit-mean-anyway/

Plain English Tools include Gobbledygook Generator.

https://researchingparalegal.com/2013/11/20/plain-english-tools-include-gobbledygook-generator/

Please Use Electronic File Naming Conventions!

https://researchingparalegal.com/2014/03/29/please-use-electronic-file-naming-conventions/

Sayeth or Saith? Actually, It’s Neither.

 https://researchingparalegal.com/2014/02/22/sayeth-or-saith-actually-its-neither/

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

This Is THE Right Way To Cite to Legal Authorities.

13 Saturday Dec 2014

Posted by Celia C. Elwell, RP in Citations, Legal Writing, Parentheticals, Readability, String Citations

≈ Comments Off on This Is THE Right Way To Cite to Legal Authorities.

Tags

Kentucky Bar Association, Legal Citations, Legal Writing, Professor Eric Voigt, Professor Kristin J. Hazelwood, R+W Legal Consultants, SSRN

Four Tips on Citing Authority, by Professor Eric Voigt, R+W Legal Consultants

http://rwlegalconsultants.com/four-tips-on-citing-authority/

Although Professor Hazelwood of the University of Kentucky does not resolve the continuing debate between citations in the text or in footnotes, she has drafted a practical article on citing authority. Professor Hazelwood discusses four ways to unclutter your legal writing: (1) don’t string cite numerous cases for the same point; (2) place citations at the end of sentences; (3) include explanatory parentheticals with citations to further explain the relevance of the citations; and (4) avoid unnecessary repetition.

Her article was published by the Kentucky Bar Association in its monthly journal, Bench & Bar. You can read the full article on her SSRN page.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Garner’s Ten Legal Writing Tips.

05 Sunday Oct 2014

Posted by Celia C. Elwell, RP in Briefing Cases, Citations, Editing, Legal Analysis, Legal Argument, Legal Writing, Proofreading, Public Domain Citations, Readability, Spell Checking, The Bluebook

≈ Comments Off on Garner’s Ten Legal Writing Tips.

Tags

ABA Journal, Bryan Garner, Computer Legal Research, Editing, Legal Analysis, Legal Citations, Legal Writing, Proofreading

Ten Tips for Legal Writing, by Judith D. Fischer, Legal Writing Prof Blog

http://tinyurl.com/pwlxeyt

Bryan Garner’s latest article in in the ABA Journal is titled Ten Tips for Better Legal Writing. Some Garner of his tips are especially appropriate for law students, who could appropriately paste ‘Don’t rely exclusively on computer research’ on the wall by their work space. That would serve as a reminder that unfocused computer searches are like a box of chocolates–you never know what you’re going to get.  Garner also advises legal writers to be neither too tentative nor too cocksure in their conclusions, both of which are hazards for beginning law students. And Garner’s tenth tip would improve the professionalism of many a student paper: ‘Proofread one more time than you think necessary.’

 

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

More Yummy Candy for Writers.

12 Saturday Jul 2014

Posted by Celia C. Elwell, RP in Citations, Editing, Legal Writing, Proofreading, Readability, Spell Checking, Style Manuals

≈ Comments Off on More Yummy Candy for Writers.

Tags

Grammar and Punctuation, Proofreading, Style Manual, The University of Wisconsin-Madison, UW Madison Writer’s Handbook

UW Madison Writer’s Handbook, The Writing Center @ The University of Wisconsin-Madison

http://writing.wisc.edu/Handbook/index.html

For all writers, I strongly recommend a review of all the sections under “Grammar and Punctuation,” but especially: “Subject-Verb Agreement,” “How to Proofread,” “Twelve Common Errors: An Editing Checklist,” and “Clear, Concise Sentences.”

If you are a legal writer, please note that this style manual’s rules on citations are not in sync with The Bluebook, ALWD, or court rules. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

The New ALWD Citation Guide.

05 Saturday Jul 2014

Posted by Celia C. Elwell, RP in ALWD, Citations, Legal Writing, The Bluebook

≈ Comments Off on The New ALWD Citation Guide.

Tags

ALWD Citation Manual, Citations, Coleen Barger, Legal Writing Prof, Legal Writing Prof Blog, Legal Wrting, The Bluebook

The Inside Scoop About The New ALWD Citation Guide, by Legal Writing Prof, Legal Writing Prof Blog

http://tinyurl.com/n9beufc

Let’s not forget that the 20th edition of the Bluebook is coming, although the publication date has yet to be announced. -CCE

At the LWI conference, members got inside information about ALWD’s new citation guide. It’s no longer called a manual–the title of the fifth edition is the ALWD Guide to Legal Citation. Chief editor Coleen Barger and contributor Brooke Bowman explained that the new guide has eliminated the differences between it and the Bluebook. That means, among other things, that large-and-small caps are now prescribed for certain law review citations and abbreviations and citations have been standardized to comport with traditional formats.  But the new guide will be easier to use than the Bluebook. Plentiful symbols clarify when spaces are needed, and law review formats are integrated into the subject matter sections but clearly labeled by a title, an identifying marginal line, and a warning symbol.

A companion site includes exercises that students who purchase the book can access. An on-line teacher’s manual will be available soon and will include comparison charts between the fourth and fifth editions and between the fifth edition and the Bluebook. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

String Citations – Good or Bad Legal Writing Tool?

29 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Citations, Legal Analysis, Legal Argument, Legal Writing, String Citations

≈ Comments Off on String Citations – Good or Bad Legal Writing Tool?

Tags

Bad Legal Writing, Brief Writing, BriefRight Blog, Kirby Griffis, Legal Writing, String Citations

String Theory, by Kirby Griffis, BriefRight Blog

http://briefright.com/string-theory

String citations – a good writing tool or a bad idea? Lengthy string citations, like long single-spaced block quotations, are never a good idea. Readers tend to skim or skip a big block of text.

A good rule of thumb is to never cite more than four cases in a string. Start the string with a signal. Use a parenthetical — an abbreviated summary of the case in parentheses at the end of the citation. Keep your parenthetical no longer than two lines. Anything longer defeats the purpose of using string citations. -CCE

Your summary judgment brief contains eleven distinct legal propositions, including the standard to be applied in ruling on summary judgment. You have researched each, and have found multiple cases. You have read them and highlighted them and they are sitting on your desk in eleven stacks. You have even sorted each stack, moving the most persuasive authorities (because they are from your state and circuit, or are more recent, or are from higher courts) to the front.

Now what?

Many lawyers will just list every one of the cases in a string cite. This, they think, shows the judge the weight of the authority behind your legal claims. The judge will see nine cases listed and think ‘Wow, I guess they win that point.’

It is not so. String cites are a bad idea, for multiple reasons. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Student Guide to Footnotes and Citations in Scholarly Writing.

22 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Citations, Footnotes, Legal Writing, Research, The Bluebook

≈ Comments Off on Student Guide to Footnotes and Citations in Scholarly Writing.

Tags

Citations, Footnotes, Law Review Articles, Legal Writing Prof Blog, Mark E. Wojcik, Professor William Mock, SSRN

When a Rose Isn’t ‘Arose’ Isn’t Arroz: A Student Guide to Footnoting for Informational Clarity and Scholarly Discourse, by Mark E. Wojcik, Legal Writing Prof Blog

http://tinyurl.com/nm4p2x6

Professor William Mock has authored an article meant to help students cite more sensibly. The article begins with welcome advice: ‘Not every proposition in a law review articles requires citation, nor does every footnote require cited authority.’ (And in case you’re worried already, that sentence has two footnotes in the orginal!).

It is the kind of article that should be given to incoming law journal editorial boards to help student editors (and research assistants) understand the distinctions among different types of footnotes.

You can share this link for students to download a copy of the paper from SSRN.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1019891

(With students, we recommend giving the link rather than the document itself so that students will also learn how to do research on SSRN–a source that gives them information not found on Westlaw or Lexis or Bloomberg).

If law journals adopt more sensible rules for citations rather than strict mathematical formulas (such as 1.8 pages of footnotes for each page of text), law reviews have a chance to increase their readability and usefulness to readers.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Handouts From The Writing Center.

18 Wednesday Jun 2014

Posted by Celia C. Elwell, RP in Citations, Footnotes, Legal Writing, Plagiarism, Plain Language, Proofreading, Quotations, Readability, Spell Checking

≈ Comments Off on Handouts From The Writing Center.

Tags

Grammar & Punctuation, Handouts, Legal Writing, The Writing Center, University of North Carolina at Chapel Hill, Writing, Writing Guide

Handouts, The Writing Center, The University of North Carolina at Chapel Hill

http://writingcenter.unc.edu/handouts/

Not necessarily for legal writers, but downright handy nonetheless. The folks who put this together are kind enough to share this valuable resource, and welcome your ideas and suggestions. At the bottom of the post’s page, you will find contact information for contributions. Please give back if you can as thanks for this thoughtful gift. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

If You Want To Lose The Case, Just Write Like This.

15 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Citations, IRAC, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Propositions and Headings, Quotations, Readability

≈ Comments Off on If You Want To Lose The Case, Just Write Like This.

Tags

Bad Legal Writing, Brief Writing, Eric Voight, Lawyerist Blog, Legal Writing

How To Lose Your Case, by Eric Voight, Lawyerist Blog

http://lawyerist.com/73849/how-to-lose-your-case/

Legal writers do this more than they realize, sometimes out of haste and short deadlines. These are common — and fixable — bad writing mistakes. -CCE

In litigation, you have to persuade judges that your client’s position is correct, but don’t forget about the gatekeepers. Your motions and briefs will probably be reviewed by a law clerk before it reaches the judge’s desk. Clerks for federal judges say they have reviewed many motions and briefs where it appeared that the attorneys didn’t care whether their clients prevailed.

I didn’t realize that attorneys would prefer to lose, not win, their case. But if your goal is losing, this article is for you. Be sure to incorporate these ideas from my law clerk friends into your motions and briefs — if you want to lose your case. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Best Brief Writing Checklist.

08 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Citations, Footnotes, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Quotations, Readability, Spell Checking, Statement of Facts, Summary of the Argument

≈ 1 Comment

Tags

Brief Writing, Citations, Hon. Patricia M. Wald, Legal Argument, Persuasive Writing, Proofreading

“Briefly Speaking,” Brief Writing – Best Practices, Washington State Court of Appeals, Division I, CLE

 http://tinyurl.com/lsrzxjy

This is the essence of writing a persuasive and winning brief. Each section is important. Ignore the guidance here at your peril.

The icing on the cake is the advice from the Hon. Patricia M. Wald, Judge of the United States Court of Appeals for the D.C. Circuit, taken from her article, “19 Tips from 19 Years on the Appellate Bench,” The Journal of Appellate Practice and Process, Vol. 1, No. 1 (Winter 1999).  She is right – this is your opportunity to tell your client’s story. Short and to the point is always more persuasive than long-winded recitations of fact and case law.

Make this your brief writing checklist. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Mailtracker – A New iPhone App That Monitors Email Analytics.

28 Wednesday May 2014

Posted by Celia C. Elwell, RP in Apple, Apps, Cell Phones, Emails, iPhones, Law Office Management, Legal Technology, Link Rot

≈ Comments Off on Mailtracker – A New iPhone App That Monitors Email Analytics.

Tags

App, Email Management, Gmail, iCloud, iPhones, Legal Productivity Blog, Mailtracker, Outlook, Yahoo

App of the Week: Mailtracker – See When and Where Your Email Was Read, by Lisa Pansini, Legal Productivity Blog

http://tinyurl.com/nwctft6

‘Hey, did you get that email that I sent you?’

With the Mailtracker app from Answerbook, you’ll never have to utter those words again.

It’s not a mail client in itself, but rather a tracking application for monitoring email analytics. It integrates with the native mail app on your iPhone, so it doesn’t impede your current email sending/receiving workflow. The service is compatible with emails sent via Gmail, Yahoo, Outlook.com and iCloud (with additional account support on the way!).

The Mailtracker app will deliver real-time analytics directly to your phone. You’ll be notified as soon as an email had been read. You can also see how many times the email was viewed, how much time was spent reading the email, the recipient’s location information, and device details. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Legal Analysis & Writing Links.

05 Monday May 2014

Posted by Celia C. Elwell, RP in Acronyms, ALWD, Bad Legal Writing, Citations, Internet, Legal Analysis, Legal Directory, Legal Writing, Legalese, Quotations, References, Research, The Bluebook

≈ Comments Off on Legal Analysis & Writing Links.

Tags

ALWD Citation Manual, Grammar, Legal Analysis, Legal Citation, Legal Writing, Lewis & Clark Law School, Punctuation, The Bluebook, Writing Resources

Legal Analysis and Writing, Grammar & Writing Resources, Lewis & Clark Law School

http://bit.ly/1kFtlHk

A nice assortment of writing resources.  -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

More on Link Rot.

27 Sunday Apr 2014

Posted by Celia C. Elwell, RP in Appellate Law, Legal Technology, Link Rot, United States Supreme Court

≈ Comments Off on More on Link Rot.

Tags

All Tech Considered, Citations, Legal Writing, Link Rot, NPR, Perma CC, U.S. Supreme Court, URL

Stopping Link Rot: Aiming to End A Virtual Epidemic, by NPR Staff, All Tech Considered, NPR

http://n.pr/QTrCGp

I have mentioned perma.cc and the problem of link rot before. It is a good solution but not quite perfected. When I have used it here on this blog, it is not always reliable, which is disappointing for something that shows such promise. Hopefully all the kinks will be worked out soon. -CCE

Just about anyone who’s gone online has encountered the message: ‘Error 404’ or page ‘Not Found.’ It’s what you see when a link is broken or dead — when the resource is no longer available.

It happens all across the Internet, on blogs, news websites, even links cited in decisions by the Supreme Court. It’s called link rot, and it spreads over time as more pages die.

These are natural deaths; links die when the server where the page first lived has closed for business, or a filter is blocking access. It’s annoying on sites like Buzzfeed and Gawker, but it’s worse when links go rotten on judicial decisions or works of scholarship.

Jonathan Zittrain, professor of law and computer science at Harvard University, says that’s a serious problem.

‘It’s extraordinarily bad for the long-term maintenance of the information we need, say, to understand the law,’ says Zittrain, who helped create Perma.cc, a service to help judges, authors and scholars preserve links indefinitely. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Appellate Judges Give Advice On Winning An Appeal.

06 Sunday Apr 2014

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Appellate Judges, Appellate Law, Bad Legal Writing, Brief Writing, Citations, Judges, Legal Analysis, Legal Argument, Legal Writing, Proofreading, Texas Supreme Court

≈ Comments Off on Appellate Judges Give Advice On Winning An Appeal.

Tags

Appellate Briefs, Appellate Judges, Appellate Law, Chad M. Ruback, Dallas Bar Association Judiciary Committee, Fifth Circuit Court of Appeals, Legal Analysis, Legal Writing, Texas, Texas Supreme Court

Appellate Judges Tell Dallas Lawyers How to Handle an Appeal, By Chad M. Ruback, Appellate Lawyer

http://tinyurl.com/ousooh9

The Dallas Bar Association Judiciary Committee recently hosted a panel discussion with three prominent appellate judges.  Catharina Haynes is the only federal appellate judge in the Dallas-Fort Worth area.  After years of sitting as a Dallas state trial court judge, she was appointed to sit on the Fifth Circuit Court of Appeals.  Debra Lehrmann is the only Texas Supreme Court justice from Fort Worth.  Along with Chief Justice Nathan Hecht, she is one of only two Texas Supreme Court justices who began judicial service in North Texas.  After a distinguished career in a large Dallas law firm, Elizabeth Lang-Miers serves as a justice on the Fifth District Court of Appeals, which reviews the cases from Texas state trial courts in Dallas County and five other counties.

The three panelists offered a number of helpful tips for lawyers practicing before appellate courts. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Judges Prefer “Plain Language.” If This Is True, Then Why Don’t We Use It?

01 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Citations, Federal Judges, Footnotes, Judges, Legal Analysis, Legal Argument, Legal Writing, Legalese, Texas Supreme Court

≈ Comments Off on Judges Prefer “Plain Language.” If This Is True, Then Why Don’t We Use It?

Tags

Bryan Garner, Clarence Darrow, Joseph Kimble, Legal Writing, Michigan Bar Journal, Oliver Wendell Holmes, Plain English Submittee, Plain Language, Texas Plain Language Committee

 Judges on Effective Writing: The Importance of Plain Language, by Bryan Garner, Michigan Bar Journal Plain Language Committee

http://tinyurl.com/qf8fhsf

 (‘‘Plain Language’’ is a regular feature of the Michigan Bar Journal, edited by Joseph Kimble for the Plain English Subcommittee of the Publications and Website Advisory Committee. We seek to improve the clarity of legal writing and the public opinion of lawyers by eliminating legalese. Want to contribute a plain-English article? Contact Prof. Kimble at Thomas Cooley Law School, P.O. Box 13038, Lansing, MI 48901. For information about the Plain English Committee, see our website—http://www.michbar.org/generalinfo/plainenglish/home.cfm.)

Lawyers are notoriously poor at gauging what judges prefer in legal writing. Too many of us believe, for example, that judges expect us to use legalese. In 1991, when the Texas Plain-Language Committee surveyed all the state district and appellate judges in Texas, we found that more than 80 percent prefer plain language (Plaintiff complains of Defendant and says) over legalese (Now comes the Plaintiff, by and through his attorneys of record, Darrow and Holmes, and for his Original Petition in this cause would respectfully show unto the Court the following). Indeed, several judges responded to the survey with a plea that we stamp out legalese once and for all. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

A Recommendation for Legal Writing Experts.

01 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in ALWD, Brief Writing, Citations, Footnotes, Legal Analysis, Legal Argument, Legal Writing, Parentheses, Spell Checking, The Bluebook

≈ Comments Off on A Recommendation for Legal Writing Experts.

Tags

Advanced Legal Writing & Editing, Bryan Garner, Legal Writing, Making Your Case, Raymond Ward, the (new) legal writer, The ALWD Citation Manual, The Bluebook, The Redbook

The Redbook (3d ed.), by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/nlqx3zy

If Raymond Ward says it, you can take it to the bank. I have followed his legal writing blog for years. Look for sound advice on superb legal writing. -CCE

Today I attended a triple-feature CLE by Bryan Garner: Advanced Legal Writing & Editing, The Redbook, and Making Your Case. To see whether Bryan’s spring tour will visit your city, click here to see the schedule. What I want to talk about this evening is what I learned in the Redbook portion of the seminar.

For years, I have had the first edition of the Redbook on my office bookshelf. For those unfamiliar with this book, it’s a style manual for legal writers. If you have a question about the right word, right punctuation, or right way to do something in legal writing, this book endeavors to answer your question. I’ve found it a useful reference for answering questions that arisen when writing a brief or editing another’s brief.

First, this preface: I am not one who immediately buys the next edition of whatever if the current edition remains serviceable. I use so-called outdated versions of the Bluebook and ALWD Citation Manual, because they still answer any question I have ever had about how to cite something. So since the first edition of the Redbook has served me well, I did not rush out to buy the second or third editions.

Having said that, here is my point: if you don’t have the third edition, get it. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Proofreading Checklist – Don’t Miss This One!

27 Thursday Mar 2014

Posted by Celia C. Elwell, RP in Citations, Legal Writing, Proofreading

≈ Comments Off on Proofreading Checklist – Don’t Miss This One!

Tags

Bad Language Brief, Cheat Sheets, Clare Dodd, Proofreading, Spell Checker

Cheat Sheet: We’re Giving Away Our Proofreading Checklist, by Clare Dodd, Bad Language Brief

http://www.badlanguage.net/proofreading-checklist

Proofreading. Not the most exciting job in the world, but an absolutely necessary one.

We’ve covered before what happens when you miss a typo (that’s right, the errorists win). Unfortunately, that doesn’t make it any easier to turn out entirely perfect copy. And if you work for a marketing agency, delivering clumsy copy to a client reflects badly on both you and your copywriters.

But you’re in luck: we at Articulate Marketing are sharing our Proofreading checklist with you to make life a little easier. . . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Basic Bluebook Guide.

16 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Citations, Legal Writing, The Bluebook

≈ Comments Off on Basic Bluebook Guide.

Tags

Bluebook, Cornell Legal Information Institute, Georgetown University Law Center, Legal Citation Format, Peter Martin

Bluebook Guide, Georgetown Law Library

http://perma.cc/8TZR-WN43

This guide was designed for law students in the Georgetown University Law Center. It covers the Bluebook’s organization and how to cite to the most common legal citations. It is not as thorough and complete as Peter Martin’s Cornell Legal Information Institute’s resource at: https://researchingparalegal.com/2013/10/31/peter-martins-introduction-to-basic-legal-citation-an-alwd-and-bluebook-cheat-sheet/.

This guide does not explain how to use certain types of lesser used legal sources. But, if you want a resource for case law, statutes, and other basic legal resources, this will work. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Oklahoma’s 2014 Official Citation Change – What Does it Mean?

02 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Citations, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Public Domain Citations, Uniform Electronic Legal Material Act

≈ Comments Off on Oklahoma’s 2014 Official Citation Change – What Does it Mean?

Tags

Citing Legally Blog, National Reporter System, Neutral Citation, Oklahoma, Peter Martin, Public Domain Citation, Thomson Reuters, Uniform Electronic Legal Material Act

Oklahoma Makes It Official (But What Does That Signify?), by Peter Martin, Citing Legally Blog

http://citeblog.access-to-law.com/?p=107

For over 16 years Oklahoma appellate courts have attached non-proprietary, print-independent citation data to their decisions at the time of release, placed those decisions online at a public site, and required lawyers to cite state precedent using this contemporary system. Moreover, setting Oklahoma apart from other neutral citation pioneers, the judiciary staff applied neutral citations retrospectively to all prior decisions rendered during the print era, placed copies of them online as well, and encouraged but did not require that they also be cited by the new system.  Until this year, however, the print reports of the National Reporter System remained the “official” version of Oklahoma decisions.  As of January 1, 2014, sixty years after the Oklahoma Supreme Court designated the West Publishing Company as the ‘official publisher’ of its decisions, it revoked that designation. 

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Updated Foreign Law Research Primer.

02 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Australia, Brazil, Case Law, China, Citations, Egypt, Eritrea, France, Hong Kong, India, International Law, International Law, Israel, Law Journals, Law Libraries, Lebanon, Legal Directories, Legal Encyclopedia, Mandatory Law, Primary Law, References, Regulations, Research, Russia, Sweden, United Kingdom

≈ Comments Off on Updated Foreign Law Research Primer.

Tags

Australia, Brazil, China, Donna Sokol, Egypt, Eritrea, Foreign Law, France, Hong Kong, In Custodia Legis: Law Librarians of Congress, India, Israel, Japan, Lebanon, Russia, Sweden, United Kingdom

Foreign and International Legal Research Guides – Pic of the Week, by Donna Sokol, In Custodia Legis: Law Librarians of Congress

http://tinyurl.com/opqzrpr

Don’t let the title “Pic of the Week” fool you. This is an updated legal research guide for fourteen foreign jurisdictions:  Australia; Brazil; United Kingdom; China; Egypt; Eritrea; France; Hong Kong; India; Israel; Japan; Lebanon; Russia; and Sweden.  It links to these countries’ reference sources, compilations, citations guides, periodicals (indexes and databases), dictionaries, web resources, free public web sites, subscription-based services, subject-specific web sites, and country overviews. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Appellate Law, Bad Legal Writing, Brief Writing, Case Law, Citations, Citations to the Record, Legal Analysis, Legal Writing, Mandatory Law, Primary Law, Proofreading, Research, Statement of Facts, Texas Supreme Court

≈ Comments Off on Good Advice On How to Avoid Embarrassing Mistakes In An Appeal.

Tags

Appellate Briefs, Appellate Law, Appellate Lawyer, Chad M. Ruback, Citations, Citations to the Record, Hyperbole, Justice Debra Lehrmann, Legal Writing, Proofreading, Statement of Facts, Texas Supreme Court

Common Mistakes Seen in Appellate Petitions and Briefs, by Chad M. Ruback, Appellate Lawyer

http://news.appeal.pro/appeals-to-texas-supreme-court/appellate-petitions-and-briefs/

Mr. Ruback served as a briefing attorney to the Fort Worth Court of Appeals. Here he shares the common mistakes that are normally seen in appellate writing. Because an appellate court never questions witnesses or hears evidence, the written documents submitted by the parties are all it has upon which to base its ruling. Sloppy and lengthy garbled arguments simply will not do. Mr. Ruback’s comments are worth noting.

I would like to add to Mr. Ruback’s list – neglecting to verify the accuracy of the appellate record while it remains in the jurisdiction of the trial court. It is a simple exercise to compare the record compiled by the trial court clerk using the Designation of Record and Counter-Designation of Record to make sure that the record is accurate.

This may seem a waste of time until the appellate record includes a deposition that was never admitted into evidence or a crucial piece of evidence is overlooked by the court clerk who assembled record for the appeal. No one is perfect; mistakes can happen.

Too often, counsel ignore this simple step. Personally, I would make sure the person you send to check the record put the trial exhibits together and/or was part of the trial team. Or to put it another way – how do you explain to a client that you couldl have avoided the appeal’s fatal flaw if you had checked the record before it was sent up on appeal? -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Legal Writing Faculty – It’s Okay To Sweat The Small Stuff.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Citations, Education, Legal Writing, Legalese, Paralegals/Legal Assistants, The Bluebook

≈ Comments Off on Legal Writing Faculty – It’s Okay To Sweat The Small Stuff.

Tags

Above the Law (blog), Joe Patrice, Legal Assistants, Legal Writing, Legal Writing Course, Legal Writing Prof Blog, Local Rules, Louisa Heiny, NYU, Paralegals, S.J. Quinney College of Law, Santa Clara Law Professor Ray Bernstein, University of Utah, Yale

A Law Professor’s Detailed, Thoughtful, and Comprehensive ‘Local Rules’ for Class: A Response to “Above the Law,” Legal Writing Prof Blog (guest post from Louisa Heiny, Adjunct Professor of Law at the S.J. Quinney College of Law of the University of Utah, responding to recent post at Above The Law Blog)

http://lawprofessors.typepad.com/legalwriting/2014/02/atl.html

I used to teach Legal Writing and Legal Analysis to paralegals. Students had to work hard to earn a good grade in those classes. Some students appreciated the emphasis on grammar and punctuation, adhering strictly to court rules and the Bluebook, the eradication of legalese, and the insistence that details matter. Regrettably, not every student felt the same way, and missed the point. There was a reason why the bar was set high for my students. I wanted them to succeed once they were on the job.

If I learned anything from teaching, it was that the majority of students, when challenged, will work hard to meet high standards and expectations set for the class. If a teacher’s expectation are low, the work turned in will be mediocre at best. Both law and paralegal students face tough competition upon graduation. Quality matters more than ever.

It is nice to see that there are still legal writing faculty who set insist on quality. -CCE

I admit it: I read Above the Law. I read it every day. It’s even on my Facebook feed. It’s sometimes snarky, often witty, and has published some of the most ridiculously funny cease and desist letters I’ve ever seen. I use material from Above the Law in class to show students what not to do.

I’ll also admit that when I read the headline in Above the Law, ‘A Law Professor’s Detailed, Ridiculous, Condescending ‘Local Rules’ For Class,’ I panicked. There was a serious possibility that I was about to read my own syllabus. I’m an adjunct, so there was also a possibility that I was about to be fired.

After a moment’s relief that I was not the target of ATL’s ire, I read the article. Written by Joe Patrice, the post skewers the ‘local rules’ created by Santa Clara Law Professor Ray Bernstein for his legal writing class. While my own syllabus isn’t as detailed, Professor Bernstein has created a detailed, thoughtful, and comprehensive set of local rules designed to put students on notice of class requirements, as well as prepare them for the practice of law. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

The Legal Writing Debate on Footnotes Continues.

08 Saturday Feb 2014

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Appellate Law, Brief Writing, Citations, Court Rules, Footnotes, Legal Writing

≈ Comments Off on The Legal Writing Debate on Footnotes Continues.

Tags

ABA Journal, Brief Writing, Bryan Garner, Citations, Footnotes, Jason Steed, Ledet v. Seasafe, Legal Writing, Louisiana Appellate Court, New York Times, Raymond Ward, Rich Phillips, the (new) legal writer

The Never Ending Debate Over Citational Footnotes, by Raymond Ward, the (new) legal writer

http://tinyurl.com/lh3t2co

Mr. Ward gives us a brief overview in these two paragraphs. In the remainder of his post, Mr. Ward expands on his variations for citations in footnotes and the preferences of Fifth Circuit judges  I mean no disrespect to Mr. Garner, but if Mr. Ward gives advice on legal writing, I pay attention. -CCE

Who would have thought that, for over 13 years now, the most controversial subject among litigation-oriented legal writers would be the location of legal citations in footnotes versus in text? Back in the spring of 2001, a judge in an intermediate Louisiana appellate court, in writing the majority’s opinion in a case, put her legal citations in footnotes. This drew a concurring opinion from the chief judge (withdrawn before final publication), agreeing with the result but objecting to the use of footnotes for citations. So the author wrote her own concurring opinion defending her use of footnotes. The case is Ledet v. Seasafe, Inc., 783 So. 2d 611 (La. App. 3 Cir. 2001). The controversy stirred up by Ledet caught the attention of the New York Times. Here is my own little casenote on Ledet.

Fast-forward 13 years. Bryan Garner writes an article for the ABA Journal recommending the use of footnotes for legal citations—a position he’s held since I took my first Garner seminar in 1998. His fellow Texans Rich Phillips and Jason Steed write blog posts begging to differ. Different decade, pretty much the same debate.

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Use Footnotes for Legal Citations?

07 Friday Feb 2014

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

≈ Comments Off on Use Footnotes for Legal Citations?

Tags

ABA Journal, Bryan Garner, Citations, Footnotes, Legal Writing, Legal Writing Prof, Legal Writing Prof Blog

Garner Argues For Footnotes In Judicial Opinions, by Legal Writing Prof, Legal Writing Prof Blog

http://tinyurl.com/jwd8rpg

Count me as one who disagrees with putting citations in footnotes. Mr. Garner has advocated this position for some time, and he has won some converts.

When I am reading a brief or opinion, I want to look at the citation at the time I am reading the argument. The strength of the authority will influence how persuaded I will be by the argument. Because persuading the reader is basically what legal writing is all about, I do not want my reader to lose focus or be distracted in any way. For me, having to move my eyes down to a footnote to find the authority used for an argument would tedious and irritating. I am afraid that I will never agree with Mr. Garner on this point. -CCE

In his February ABA Journal column, Bryan Garner continues his long-running campaign for footnotes in judicial opinions. He argues that citations in the text make legal writing cumbersome. And he points out that while they might have been practical in the days of the typewriter, now “we can easily sweep those interruptions out of the way.”

Garner admits that not everyone agrees with him; so far, only a minority of judges has adopted his proposal. . . .

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...

Legal Writing Tips From a Former Law Clerk.

01 Saturday Feb 2014

Posted by Celia C. Elwell, RP in ALWD, Bad Legal Writing, Brief Writing, Citations, Headnotes, IRAC, Legal Writing, The Bluebook

≈ Comments Off on Legal Writing Tips From a Former Law Clerk.

Tags

Bad Legal Writing, Brief Writing, Charleston School of Law, Citations, Grammar, Headnotes, Judicial Clerk, Kentucky Bench and Bar Association Magazine, Law Clerk, Legal Writing, Professor Brock Collins, Punctuation, Quotations

Writing Trial Memoranda: A Law Clerk’s Perspective, by Brock Collins, Kentucky Bench and Bar Association Magazine (January 2014) (with hat tip to Legal Writing Prof Blog)

http://kentuckybenchandbar.epubxp.com/t/30647

On page 28 of the Kentucky Bench and Bar Association Magazine, Brock Collins, a Professor at Charleston School of Law, describes what he learned about legal writing as a former judicial clerk. Professor Brock observes that “[t]he quality of an attorney’s credibility and reputation is based in large part on the quality and thoroughness of her legal writing.” In this excellent article, Professor Brock shares his legal writing tips. -CCE

Share this:

  • Print (Opens in new window) Print
  • Tweet
  • Email a link to a friend (Opens in new window) Email
  • Share on Tumblr
  • Pocket
  • More
  • Share on Reddit (Opens in new window) Reddit
  • Share on Telegram (Opens in new window) Telegram
Like Loading...
← Older posts
Newer posts →
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Create account
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • June 2024
  • March 2022
  • January 2022
  • November 2021
  • October 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

lawyersonia's avatarlawyersonia on In Custodia Legis – Lega…
Eric Voigt's avatarEric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt's avatarprofvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999's avatarmadlaw291282999 on Using Hyperbole -Are You Riski…

Recent Comments

lawyersonia's avatarlawyersonia on In Custodia Legis – Lega…
Eric Voigt's avatarEric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt's avatarprofvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999's avatarmadlaw291282999 on Using Hyperbole -Are You Riski…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

  • Subscribe Subscribed
    • The Researching Paralegal
    • Join 460 other subscribers
    • Already have a WordPress.com account? Log in now.
    • The Researching Paralegal
    • Subscribe Subscribed
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

You must be logged in to post a comment.

    %d