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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Editing

“No Passion in the World is Equal to the Passion to Alter Someone Else’s Draft.” H.G. Wells

20 Wednesday Dec 2017

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Editing, Legal Writing, Legalese, Persuasive Writing, Plain Language, Punctuation, Readability

≈ Comments Off on “No Passion in the World is Equal to the Passion to Alter Someone Else’s Draft.” H.G. Wells

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Douglas E. Abrams, Editing, Legal Writing, Missouri Bar Journal, SSRN, University of Missouri School of Law

We are the Products of Editing, Douglas E. Abrams, Precedent, Vol. 2, No. 2, pp. 12-14, Spring 2008; University of Missouri School of Law Legal Studies Research Paper No. 2008-18.

Available at SSRN: https://ssrn.com/abstract=1138300 

How many of us take the time to proof and edit what we write? I suspect that most, if not all, good legal writers do it. No, I’m not talking about simply running a review of your grammar, style, and punctuation in Microsoft Word. I mean really reading, proofing, and editing what you write.

When you write for the court, what is your goal? To be understood? Of course. To persuade? Absolutely. To do that, you must keep your reader’s attention. Long sentences that take up an entire paragraph, legalese, and unnecessary words are boring – period. Why would anyone want to read a quote takes up an entire page?

Persuasive legal writing is an art. It takes work, and that means editing and polishing until your writing is clear, concise, and logically flows from one point to the next. Your goal, as I’ve mentioned before, is that, by the time your judge finishes reading your brief or other document, that judge is subconsciously nodding in agreement.

As someone who has seen a state supreme court judge literally throw a party’s brief across the room because it was so badly written, I promise that judges will not waste time reading legal gibberish. If a judge finds one side‘s brief difficult to read, how much frustration does it take to put it down and pick up the other side’s well-written brief to get the facts of the case and legal argument? Folks, it doesn’t take much.

Don’t take my word for it. Mr. Abrams’ article does an excellent job. -CCE

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Bryan Garner Shows Us How to Start a Sentence.

10 Sunday Dec 2017

Posted by Celia C. Elwell, RP in Editing, Grammar, Legal Writing, Persuasive Writing

≈ Comments Off on Bryan Garner Shows Us How to Start a Sentence.

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ABA Journal, Bryan A. Garner, Legal Writing

How To Start A Sentence: Consider All Your Alternatives, And Sprinkle In Some Conjunctions, Too, by Bryan A. Garner, Bryan Garner on Words, ABA Journal 

http://www.abajournal.com/magazine/article/how_to_start_a_sentence

Bryan Garner is one of the recognized experts on legal writing. This post isn’t about just how to start a sentence. It shows you why the last sentence in a paragraph is the most important, and how to use the first sentence to set it up.

Check out the second paragraph of the post. Look at the example of how to show, not tell.  Don’t worry about whether you understand his use of words, such as “adverbial elements.” Pay attention to his examples. He will show you what works, and what doesn’t.

Were you taught, as I was, never to use a conjunction to start a sentence? In the latter part of this post, Mr. Garner illustrates how using conjunctions to start sentences is an excellent writing tool. And I agree with him. -CCE

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What Will Ignoring the Court Rules Get You? A Big Fat Benchslap.

08 Tuesday Aug 2017

Posted by Celia C. Elwell, RP in Bad Legal Writing, Benchslap, Brief Writing, Editing, Footnotes, Judges, Legal Writing, Motions, Plain Language, Proofreading, Readability

≈ Comments Off on What Will Ignoring the Court Rules Get You? A Big Fat Benchslap.

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Court Rules, Editing, Findlaw, George Khoury, Legal Writing, William P. Statsky

Florida Judge Tosses Improperly Spaced Court Filing, by George Khoury, Esq., Strategist, The Findlaw Law Firm Business Blog  (with hat tip to William P. Statsky)

http://bit.ly/2uP9FyB

Mr. Khoury says that “[h]ell hath no fury like a Florida judge who receives an improperly formatted brief.” You better believe it. Why on earth would you ignore the format requirements in your court’s local rules? Folks, this just isn’t that hard.

The author of this motion for summary judgment thought the court would either ignore or not notice that the motion and supporting brief were spaced 1-1/2 lines rather than double-spaced. And who’s going to notice longer-than-usual footnotes? Really? Any judge or clerk whose job it is to read, read, and then read some more every dad-gum day.

Seriously, do you want to plow through heavy footnotes? Hands? Didn’t think so. Neither does your judge. Why risk alienating the person you are trying to convince? The stakes are too high to cling to a style of writing that sets you up to lose before anyone reads your motion or brief.

There are other, and much more effective ways, to trim a motion and brief. Editing is the key.

  1. Eliminate any unnecessary word.
  2. Remember that subject and verbs go together.
  3. Use short sentences.
  4. Delete all legalese. Yes, all of it. No excuses.
  5. You can always delete “in order.” Try it – it will not change the meaning in your sentence. These are an example of filler words that just take up space.
  6. Stop using phrases such as “brief of the plaintiff.” Write “plaintiff’s brief” instead.
  7. Never, never, never use long block quotations.
  8. Quote from a court opinion only when the court says it better than you can.

A quick search of this blog will give you tons of editing tips. I promise that you can get your point across with fewer words. It is not the number of words you use that count; it is what words you choose and how you say it. -CCE

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Former FBI Director Comey Acknowledged As Legal Writing Star.

13 Tuesday Jun 2017

Posted by Celia C. Elwell, RP in Editing, Legal Writing, Persuasive Writing, Plain Language, Readability

≈ Comments Off on Former FBI Director Comey Acknowledged As Legal Writing Star.

Why Does Comey Get an “A” in Legal Writing for His Written Testimony? by Megan E. Boyd, Lady (Legal) Writer Blog

http://ladylegalwriter.blogspot.com/2017/06/why-does-comey-get-a-in-legal-writing.html

Guest post writer, Kirsten Davis, J.D., Ph.D., and Megan Boyd, the author of the Lady (Legal) Writer Blog, know great legal writing when they see it. Last Thursday, when appearing before the Intelligence Committee, Idaho Senator James Risch described former FBI Director James Comey’s written testimony as “clear,” “concise,” and “as good as it gets.”  You don’t hear that every day. So, what made Comey’s writing deserve such high praise? Enjoy this lesson on excellent legal writing. -CCE

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The Basics of Legal Writing for Legal Professionals.

04 Sunday Jun 2017

Posted by Celia C. Elwell, RP in Editing, Grammar, Legal Argument, Legal Writing, Plain Language, Readability

≈ Comments Off on The Basics of Legal Writing for Legal Professionals.

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Gerald Lebovits, Legal Writing, SSRN, The Legal Writer

The Writing Process for New Lawyers: Getting it Written and Right, by Gerald Lebovits, The Legal Writer, 89 N.Y. St. B.J. 80 (May 2017) (with hat tip to William P. Statsky)

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2967050

Although this article is about the basics of legal writing, even seasoned legal writers will find it useful and instructive. Regardless of how well we think we write, we can always improve.

This article puts an emphasis on focusing on the purpose of your document, organizing your thoughts, considering your reader, researching, and editing. In short, all the basics you need to write well. -CCE

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Legal Writing Myths

11 Saturday Feb 2017

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Editing, Legal Argument, Legal Writing, Persuasive Writing, Plain Language

≈ Comments Off on Legal Writing Myths

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Judge Gerald Lebovits, Legal Writing, Michigan Bar Journal, Plain English Subcomittee

Legal-Writing Myths, by the Hon. Gerald Lebovits, Plain English Subcommittee Column, 50 Mich. B.J. (February 2017)©2017

https://researchingparalegal.wordpress.com/?p=4848&preview=true

 

Are longer briefs more persuasive? Is it a legal writing faux pas to start a sentence with “and”? Do judges care if you follow Bluebook citation format? Judge Lebovits has some thoughts on these and other legal writing myths to share, some of which may surprise you. -CCE

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New and Updated GPO Style Manual.

18 Wednesday Jan 2017

Posted by Celia C. Elwell, RP in Abbreviations, Editing, Grammar, Initialisms, Legal Writing, Numbers, Punctuation, Style Manuals

≈ Comments Off on New and Updated GPO Style Manual.

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Barco 3.0: Law Library Reference, Grammar, Legal Writing, Punctuation, Style Manual

GPO Style Manual: new edition, Barco 3.0: Law Library Reference

http://bit.ly/2is1ipN

The Government Publishing Office has published a thorough and updated Style Manual, which includes rules for punctuation, grammar, abbreviations, and computer terms, among other things. You will find “New Features and Enhancements” at https://www.govinfo.gov/features/release-notes/govinfo-beta-launch.

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Make Legal Writing Resolutions for 2017.

03 Tuesday Jan 2017

Posted by Celia C. Elwell, RP in Editing, Grammar, Legal Writing, Persuasive Writing, Readability

≈ Comments Off on Make Legal Writing Resolutions for 2017.

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©Now Counsel Network, Legal Writing, Lisa Solomon

3 Easy-to-Keep Legal-Writing Resolutions for 2017, by Lisa Solomon, Now Counsel Network Blog©

http://bit.ly/2hK5QTb

Made your New Year’s resolution yet? Going for the usual? This year I will lose weight, go to the gym, and swear off fried food and chocolate? No way. Giving up chocolate would take a serious toll on my mental health.

So may I recommend honing your legal writing skills as alternative? I promise there’s no gym fees, and you can eat all the chocolate you want. -CCE

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Plain English Legal Writing – Proof Positive That It Works.

12 Monday Dec 2016

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Judges, Legal Argument, Legal Writing, Legalese, Persuasive Writing, Plain Language, Readability

≈ Comments Off on Plain English Legal Writing – Proof Positive That It Works.

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Joseph Kimble, Legalese, Michigan Bar Journal, Plain English Column

The Proof is in the Reading, Plain Language Works Best, by Joseph Kimble, 52 Mich. B J. (Oct. 2016)

http://www.michbar.org/file/barjournal/article/documents/pdf4article2972.pdf

Joseph Kimble has long been recognized as one of the top legal writing scholars. In this Plain English column of the Michigan Bar Journal (every Bar Journal should have one!), Professor Kimble offers evidence once again that readers, including judges, prefer plain language and why. -CCE

To help round out this plain-English theme issue of the Bar Journal, I offer the evidence of four studies. These four are among 50 that I collect and summarize in my book Writing for Dollars, Writing to Please: The Case for Plain Language in Business, Government, and Law. Of the 50 studies, 18 involved different kinds of legal documents—lawsuit papers, judicial opinions, statutes, regulations, jury instructions, court forms and notices, and contracts. And they included readers of all sorts—judges, lawyers, administrators, and the general  public. The evidence is overwhelming: readers strongly prefer plain language to legalese, understand it better and faster, are more likely to comply with it, and are more likely to read it to begin with. —JK

Continue reading →

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Legal Writing – Why Shorter is Better.

08 Thursday Dec 2016

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

≈ Comments Off on Legal Writing – Why Shorter is Better.

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Editing, Good Legal Writing Blog, Legal Writing, Rule of Short, Tiffany Johnson

Make it shorter … and shorter …, by Tiffany Johnson, Good Legal Writing Blog

https://goodlegalwriting.com/2011/02/11/make-it-shorter-and-shorter/

Regardless of whether, in your own opinion, you are a good writer, we can always improve. Here is an opportunity to polish your skills, take note of some bad habits, and hone your editing technique. -CCE

Here’s a good exercise to promote plain writing and dense writing.  The object is to force you to purge your writing of any words that don’t work their butts off on your behalf.  Take the following sentence and reduce it to as few words as humanly possible, without changing the meaning of the sentence.  Shortest re-write wins a prize (respect)!

Continue reading →

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Russ Guberman’s Six Editing Tips.

22 Sunday May 2016

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

≈ Comments Off on Russ Guberman’s Six Editing Tips.

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Legal Writing, Legalese, Russ Guberman

No Thanks: Six More Words and Phrases to Avoid, by Russ Guberman

http://legalwritingpro.com/blog/no-thanks-six-more-words-and-phrases-to-avoid/#comment-91

Small wording changes can liven up your style by speeding up and punching up your prose.

Let’s match wits with some of the world’s best judicial writers below. Or is that ‘with certain of the world’s most illustrious judicial draftspersons infra’?

The Rules of Engagement: If a word or phrase is bolded in the first part of each set, the big guns didn’t write it. For each of those bolded terms, think of a lighter or shorter replacement before you peek below.

Continue reading →

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Just Really Good Legal Writing.

21 Saturday May 2016

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Grammar, Legal Writing, Legalese, Persuasive Writing, Punctuation, Readability

≈ Comments Off on Just Really Good Legal Writing.

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Eugene Volokh, Grammar, J. Alexander Tanford, Legal Writing, Maurer School of Law, Punctuation

How To Write Good Legal Stuff, by Eugene Volokh and J. Alexander Tanford, Maurer School of Law© 2001, 2009

http://law.indiana.edu/instruction/tanford/web/reference/how2writegood.pdf

This is a guide to good legal writing. Good writing consists of avoiding common clunkers and using simpler replacements. The replacements aren’t always perfect synonyms but 90% of the time they’re better than the original. Warning: Some changes also require grammatical twiddling of other parts of the sentence. This is not a guide to proper high English usage. We don’t give two hoots whether you dangle participles, split infinitives or end sentences with prepositions. We care that you can write clearly.

Continue reading →

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Are You Guilty of Using Any of These Overly Used Words?

02 Saturday Jan 2016

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

≈ Comments Off on Are You Guilty of Using Any of These Overly Used Words?

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Blossom Blog, Editing, Good Writing Habits, Laurie Pawlik-Kienlen, Legal Writing, Overly Used Words

51 Over-Used Adverbs, Nouns, and Clichés in Writing, by Laurie Pawlik-Kienlen, Blossom Blog

http://theadventurouswriter.com/blogwriting/51-over-used-adverbs-nouns-and-cliches-in-writing/

This post is like preaching to the choir. I found several words that I often use on this list. Time for a New Year’s Resolution! Remove these words from our writing and vocabulary. -CCE

Do you want your writing to get noticed – in a good way? Ditch these over-used adverbs, nouns, and cliches when writing articles, stories, and books.

*             *                  *

I promised a reader in the comments section of 5 Over-Used Words and Phrases for Writers to Avoid that I’d write this post . . . and here it finally is . . . better late than never. What’s that you say? The cliché ‘better late than never’ is over-used and boring, and belongs on my “over-used words and phrases in writing” list? If you caught that, you get a gold star! (jeez, there I go again with the tired clichés).

Ditch these boring words and phrases! Stop using amorphous adverbs and namby-pamby nouns! Delete crummy clichés!

And, here are 51 over-used words and phrases in writing – which I hope helps you become a more successful, confident writer. Compiling this list has certainly opened my eyes to my own weak writing habits…

Continue reading →

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Quick Legal Writing Course.

24 Thursday Dec 2015

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

≈ Comments Off on Quick Legal Writing Course.

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Editing, Gary Kinder, Grammar, Legal Productivity, Legal Writing

Video: A Down and Dirty Writing, Editing and Grammar Course For Lawyers, Gary Kinder, Legal Productivity®

http://www.legalproductivity.com/webinars/video-writing-for-lawyers/

Regardless of how good your legal writing may be, there is always room for improvement. Like anything else, your writing skills improve with practice. 

You may not think your writing skills are less than ideal. You may not think it’s a big deal – who cares whether your grammar or punctuation is perfect? Actually, most people, including clients. -CCE

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Plain Language Examples – Before and After.

16 Friday Oct 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Grammar, Legal Writing, Legalese, Plain Language, Proofreading, Punctuation, Readability

≈ Comments Off on Plain Language Examples – Before and After.

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Editing, Grammar & Punctuation, Legal Writing, Plain Language, Readability

Before-and-After Comparisons, PlainLanguge.gov

http://www.plainlanguage.gov/examples/before_after/index.cfm

There are a number of superior – and free – websites available to anyone who wants to improve his legal writing skills. PlainLaguage.gov is one of them.

I doubt that anyone wants to write poorly. Often, just showing before-and-after examples improve writing skills. One of the most efficient ways I have found when teaching legal writing is to take a bad writing example, identify why it is ineffective or just plain silly, and suggest different ways to fix it.

Here are examples of government regulations, manuals, handbooks, reports, and other publications that show “before and after” examples that use plain language to improve a sentence, paragraph, or document. -CCE

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4 Writing Tips For Persuasive Briefs.

29 Tuesday Sep 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Editing, Legal Argument, Legal Writing, Persuasive Writing, Readability

≈ Comments Off on 4 Writing Tips For Persuasive Briefs.

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Active Voice, Editing, Lawyerist Blog, Legal Writing, Mark Herrmann, Raymond Ward

4 Edits I’ve Never Made, by Mark Herrmann, Lawyerists Blog (with hat tip to Raymond Ward!)

http://abovethelaw.com/2015/09/4-edits-i-have-never-made/

I have revised an awful lot of briefs in my life.

I clerked for a year; worked as a litigation associate at a small firm for five years; worked first as an associate (for three years) and then as a litigation partner (for 17 years) at one of the world’s largest firms; and have now served as the head of litigation at a Fortune 250 firm for the last five years.

I repeat: I have revised an awful lot of briefs in my life.

There’s been a world of variety in the substance of briefs that I’ve revised. Labor law, First Amendment cases, commercial disputes, product liability cases, tax spats, securities fraud, insurance and reinsurance matters, IP cases; you name it.

But there’s been almost no variety in the revisions that I’ve made to briefs.

As I’ve ranted before, I’ve spent my decades generally making all the same changes to draft briefs.

So I’m not going to list here the usual edits that briefs need. I’m going to do the opposite: What edits have I never made to a brief over the course of three decades practicing law? . . . .

Continue reading →

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Supreme Court Writing Analysis – Whose Briefs Win and Why.

22 Saturday Aug 2015

Posted by Celia C. Elwell, RP in Appellate Law, Appellate Writing, Brief Writing, Editing, Grammar, Legal Analysis, Legal Argument, Legal Writing, Persuasive Writing, Readability, United States Supreme Court

≈ Comments Off on Supreme Court Writing Analysis – Whose Briefs Win and Why.

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Appellate Briefs, Legal Analysis, Legal Writing, Persuasive Legal Writing, Plain English, U.S. Supreme Court

Who Wins in the Supreme Court? An Examination of Attorney and Law Firm Influence, by Alan Feldman, University of Southern California, Political Science, SSRN.com (Date posted: August 18, 2015 ; Last revised: August 21, 2015)

http://tinyurl.com/q48ywgq

This paper is a detailed analysis of what type of legal writing and briefs from 1946 through 2013 have been the most influential  with the United States Supreme Court and the lawyers who write them. Interestingly, lawyers who write short sentences in the active voice and who use fewer words than the majority of brief writers are the most successful. It is a fascinating read, and strongly recommended. -CCE

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Free Legal Style Guide from Adobe.

31 Friday Jul 2015

Posted by Celia C. Elwell, RP in Adobe Acrobat, Editing, Grammar, Legal Technology, Legal Writing, Numbers, Punctuation, Style Manuals

≈ Comments Off on Free Legal Style Guide from Adobe.

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Adobe, Adobe Legal Department Legal Style Guide, Legal Writing, Style Manual

Adobe Legal Department Legal Style Guide (with hat tip to William P. Statsky)

http://www.adobe.com/legal/legal-innovation.html

A free, concise legal writing style guide from Adobe. Definitely worth a look. -CCE

 

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Legal Writing Tips Honey Pot.

29 Wednesday Jul 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Business Memorandums, Contract Law, Editing, Grammar, Legal Writing, Punctuation

≈ Comments Off on Legal Writing Tips Honey Pot.

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Contracts, Grammar, Legal Writing, Legal Writing Tips, Legal Writing Tips for Attorneys and Judges, Punctuation, Ross Guberman

Writing Cheat Sheets for Your Summer at the Screen, by Ross Guberman, Legal Writing Tips for Attorneys and Judges

http://legalwritingpro.com/blog/writing-cheat-sheets-for-your-summer-at-the-screen/

There is something here for everyone – student, newbie, or seasoned professional. Writing tips for memos, grammar, punctuation, biggest partner complaints, checklist for drafting contracts, and more. Many thanks, Mr. Guberman! -CCE

As a writing trainer for many of the nation’s top law firms with about 500 summer-associate workshops under my belt, I’ve learned first-hand where summer associates go wrong and how to help them succeed.

Here are some questions that will likely come up over the summer, along with links to some free online resources. . . .

Continue reading →

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Ever Wanted To Know How To Write Like Chief Justice John Roberts?

21 Tuesday Jul 2015

Posted by Celia C. Elwell, RP in Brief Writing, Editing, Legal Argument, Legal Writing, Readability

≈ Comments Off on Ever Wanted To Know How To Write Like Chief Justice John Roberts?

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John Roberts, Legal Writing, Ross Guberman, Show Don't Tell, Transitions

Five Ways to Write Like John Roberts, by Ross Guberman, Legal writing tips for attorneys and judges

http://legalwritingpro.com/blog/five-ways-to-write-like-john-roberts/#comment-56

What I really like about this post is how it about using “show, don’t tell.” It is one of the most under-used persuasive writing tools, which I do not understand. When used correctly, you can hit it out of the park. -CCE

When Chief Justice John Roberts was a lawyer, he once wrote that determining the ‘best’ available technology for controlling air pollution is like asking people to pick the ‘best’ car: . . . .

Continue reading →

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Plain Language Honey Pot.

08 Wednesday Jul 2015

Posted by Celia C. Elwell, RP in Brief Writing, Editing, Fonts, Jury Instructions, Legal Writing, Legalese, Precedent, Readability

≈ Comments Off on Plain Language Honey Pot.

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Judge Mark P. Painter, Legal Writing, Plain Language, PlainLanguage.gov

Legal Examples, PlainLanguage.gov

http://www.plainlanguage.gov/examples/legal/

I have noticed that posts here on legal writing, legalese, and plain language are always popular. Here is a treat for you plain language lovers – a mixed bag of excellent plain language examples of legal writing. They include Pennsylvania’s statute requiring plain language for contracts, California’s plain language jury instructions, Martin Cutt’s classic, Lucid Law, and my personal favorites – two fantastic articles by Judge Mark P. Painter.

Once you click on this link and go to the website, you will see buttons that will take you to other plain language examples, resources, and tips. Enjoy! -CCE

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The Rule of Short.

16 Saturday May 2015

Posted by Celia C. Elwell, RP in Editing, Legal Writing, Readability

≈ Comments Off on The Rule of Short.

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Legal Writing, Legible Blog, Microsoft Word, Sentence Length, Wayne Scheiss

Manage Your Sentence Length, by Wayne Scheiss, Legible Blog from Legalwriting.net

http://sites.utexas.edu/legalwriting/2015/04/29/manage-your-sentence-length-2/

“The shorter the sentence, the easier it is to understand.” Practical Legal Writing for Legal Assistants. -CCE

What’s a good average sentence length for legal writing?

I once asked a group of lawyers at a CLE seminar that question. ‘Thirteen words,’ one lawyer volunteered. ‘Seven,’ said another. Wow. Writing about legal matters with an average of seven words per sentence isn’t realistic, is it? That means for every sentence of ten words, you’ve got to write one of four words to bring the average to seven. That would be tough.

But the instinct is right. Steven Stark, author of Writing to Win, says the more complex the material, the shorter the sentences should be. So what’s a more realistic goal? The experts say between 20 and 25 words:

  • below 25—Wydick in Plain English for Lawyers
  • about 22—Enquist & Oates in Just Writing: Grammar, Punctuation, and Style for the Legal Writer
  • about 20—Garner in Legal Writing in Plain EnglishHow do you know your average sentence length?

You can program Microsoft Word to tell you. . . .

Continue reading →

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Abandon Weak Points To Bolster Your Stronger Legal Arguments.

13 Wednesday May 2015

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

≈ Comments Off on Abandon Weak Points To Bolster Your Stronger Legal Arguments.

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ABA Journal, Brief Writing, Bryan A. Garner, Daniel Kahneman, Legal Analysis, Legal Writing

First Impressions Endure, Even In Brief Writing, by Bryan A. Garner, ABA Journal

http://www.abajournal.com/magazine/article/first_impressions_endure_even_in_brief_writing

We have a long history of judges saying that (1) little errors in a brief betoken bigger mistakes, (2) less is more, and (3) good briefs demand little physical or mental effort from the reader. Even so, briefs in most courts are astonishingly ill-proofread, they are rarely tight, and lawyers seldom confine themselves to two or three points. There’s a disconnect between what judges say they want and what lawyers give them. Curious.

There’s also a tendency to disbelieve things that can’t be scientifically proved. Hence I’ve heard lawyers say they don’t care so much about what judges say they find persuasive in written arguments. Those judges might not actually know what motivates them, the skeptical lawyers say. They want proof.

So let’s take the three points mentioned at the outset and see whether, when it comes to judging, there’s any scientific evidence to back up the anecdotal evidence that good writing enhances persuasion. We’ll use the findings of Nobel laureate Daniel Kahneman, the Princeton psychologist and economist who wrote a superb book: Thinking, Fast and Slow. What he says is most illuminating. . . .

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Excellent Editing Tips From Jonathan Van Patton.

09 Saturday May 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Editing, Legal Argument, Legal Writing, Readability

≈ Comments Off on Excellent Editing Tips From Jonathan Van Patton.

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Editing, Jonathan Van Patten, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Persuasive Writing, South Dakota Law Review, William P. Statsky

“On Editing,” by Louis J. Sirico, Jr., Legal Skills Prof Blog (with hat tip to William P. Statsky)

http://lawprofessors.typepad.com/legal_skills/2015/05/on-editing.html

 

Excellent article on editing! Editing is no easy task. You have to practice to do it well.

This article focuses on editing, but also on persuasive writing. Anyone interested in writing a winning brief, motion, or opening and closing argument will like this one. -CCE

An excellent treatise on editing and writing is Jonathan Van Patten’s article “On Editing,” 60 South Dakota Law Review 1 (2015). Employing an extremely clear writing style, he states and explains his propositions on good writing. I plan to distribute the article to the editors of my school’s law reviews.

You can access the article here.

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A Novel Approach To Circuit Court’s Word Limit Rule. If Only It Had Worked!

22 Wednesday Apr 2015

Posted by Celia C. Elwell, RP in Abbreviations, Appellate Writing, Bad Legal Writing, Brief Writing, Editing, Initialisms, Legal Writing, Readability

≈ Comments Off on A Novel Approach To Circuit Court’s Word Limit Rule. If Only It Had Worked!

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ABA Journal, Abbreviations, Appellate Writing, Court Rules, Debra Cassen Weiss, Legal Writing

Squished-Together Words Don’t Count As One, Federal Circuit Says; Appeal Is Tossed, by Debra Cassen Weiss, ABA Journal (with hat tip to William P. Statsky!)

http://tinyurl.com/kqmddjt

A litigant that squeezed multiple words together and resorted to abbreviations didn’t satisfy word limits in its briefs and won’t be able to pursue its appeal, according to the U.S. Court of Appeals for the Federal Circuit.

The appeals court tossed the patent appeal by Pi-Net International in an April 20 order (PDF). How Appealing links to the opinion and a story by Law360 (sub. req.), which dubbed the creative wording ‘a trick straight out of high school English class.’ . . .

*           *           *

On appeal, JPMorgan objected to Pi-Net’s first brief, saying it attempted to evade the 14,000 word limit by deleting spaces between various words and squeezing them together, according to the Federal Circuit. The Federal Circuit offered an example: One case citation consists of 14 words, but Pi-Net squeezed them together to make them into one word. . . .

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