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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Legal Writing

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

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Craig Ball On Being A Digital Forensic Witness.

03 Monday Mar 2014

Posted by Celia C. Elwell, RP in Affidavits, Cross-Examination, Depositions, Direct Examination, Discovery, E-Discovery, Evidence, Exhibits, Expert Witness Report, Expert Witnesses, Experts, Forensic Expert Witness, Hearsay, Legal Technology, Legal Writing, Trial Tips and Techniques

≈ Comments Off on Craig Ball On Being A Digital Forensic Witness.

Tags

Affidavits, Ball In Your Court Blog, Craig Ball, Depositions, E-Discovery, Evidence, Expert Witness Report, Forensic Expert Witness, Trial Tips & Techniques

Becoming a Better Digital Forensics Witness, by Craig Ball, Ball In Your Court Blog

 http://tinyurl.com/kgm8epj

I love to testify—in court, at deposition, in declarations and affidavits—and I even like writing reports about my findings in forensic exams.

I love the challenge—the chance to mix it up with skilled interrogators, defend my opinions and help the decision makers hear what the electronic evidence tells us.  There is a compelling human drama being played out in those bits and bytes, and computer forensic examiners are the fortunate few who get to tell the story.  It’s our privilege to help the finders of fact understand the digital evidence.[1]

This post is written for computer forensic examiners and outlines ways to become a more effective witness and common pitfalls you can avoid.  But the advice offered applies as well to almost anyone who takes the stand. . . .

. . .

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From The Michigan Bar Journal, The True Meaning of “SS” And More.

02 Sunday Mar 2014

Posted by Celia C. Elwell, RP in Affidavits, Appellate Judges, Appellate Law, Disaster Preparedness, Document Retention, Family Law, Law Office Management, Legal Writing, Notary Jurat, Paternity

≈ Comments Off on From The Michigan Bar Journal, The True Meaning of “SS” And More.

Tags

2012 Revocation of Paternity Act, Appellate Practice Compendium, Audra McClure, Dana C. Livingston, JoAnn L. Hathaway, Michael J. Sullivan, Michigan Bar Journal, Notary Jurat, Phillip J. DeRosier, Plain Language Committee, Record Retention Policy, Spiritual Wellness, SS, Thomas Selden Edgerton

Michigan Bar Journal, 93 Mich. B. J. 2 (February 2014)

http://www.michbar.org/journal/home.cfm

In this post, I had planned to focus on only one article from the Michigan Bar Journal’s Plain Language Committee — “After Seven Centuries, the True Meaning of SS,” by Thomas Selden Edgerton. But, after seeing the quality of the other articles, I could not choose just one. So, here you will also find:

The 2012 Revocation of Paternity Act, by Audra McClure;

A Sound Record Retention Policy: A Matter of Self-Preservation, by Michael J. Sullivan and JoAnn L. Hathaway;

A Spiritual Focus Can Strengthen Wellness, by Molly Dean; and

Book Review: Appellate Practice Compendium, reviewed by Phillip J. DeRosier.

-CCE

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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. 

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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.

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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

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What’s All the Fuss Over A Serial Comma?

26 Wednesday Feb 2014

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

≈ Comments Off on What’s All the Fuss Over A Serial Comma?

Tags

Good Legal Writing Blog, John Hightower, People v. Walsh, Seiral Comma, Susan Hankin, Tiffany Johnson, University of Maryland Law School

The Case for the Serial Comma, by Tiffany Johnson, Good Legal Writing Blog

http://goodlegalwriting.com/2011/09/13/the-case-for-the-serial-comma/

I am a HUGE fan of the serial comma in most instances (especially in legal writing).  In this article, Susan Hankin at the University of Maryland Law School uses the reasoning of New York’s People v.Walsh to make a solid case for keeping that critical comma. . . .

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Litigator’s Self-Assessment Legal Writing Test.

24 Monday Feb 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Legal Writing, Legalese, Litigation, Trial Tips and Techniques

≈ Comments Off on Litigator’s Self-Assessment Legal Writing Test.

Tags

Above the Law (blog), Comes Now, Hereinafter, Litigator's Self-Assessment Test, Mark Herrmann, Raymond Ward, the (new) legal writer blog, Thereof

Are You A Crappy Litigator? A Self-Assessment Test! by Mark Herrmann, Above The Law Blog (with hat tip to Raymond Ward at the (new) legal writer blog!)

http://abovethelaw.com/2014/02/are-you-a-crappy-litigator-a-self-assessment-test/

Not exactly the words I would choose to make the point, but I agree that the emphasis on short, clear sentences and paragraphs is more persuasive. -CCE

It’s so hard to judge yourself.

Deep in your soul you know that people who criticize you are idiots, and people who praise you are wise and sagacious.

How can you possibly tell if you’re any good at what you do?

I have the answer for you! I’ve created a litigators’ self-assessment test! Now you’ll know if you’re any good!

Here’s how it works: Take out the last brief you filed.

Do it. Now. You won’t learn anything if you don’t follow the rules. . . .

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What’s The Point of An Appellant’s Reply Brief?

24 Monday Feb 2014

Posted by Celia C. Elwell, RP in Appellate Judges, Appellate Law, Brief Writing, Judges, Legal Argument, Legal Writing

≈ 1 Comment

Tags

Appeal, Appellate Briefs, Appellate court, Appellate Law, Brief Writing, Legal Argument, Reply Brief

Yes, Filing an Appellant’s Reply Brief Really is Necessary, by Mike Skotnicki, Briefly Writing Blog

http://brieflywriting.com/2014/02/03/yes-filing-an-appellants-reply-brief-really-is-necessary/

In both my prior practice of appellate law in a fairly large firm and now in my work as a freelance appellate attorney, I’ve been asked by lawyers I was working with whether it was really necessary to file an Appellant’s Reply Brief. My short answer is, ‘Only if you want to win.’

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Sayeth or Saith? Actually, It’s Neither.

22 Saturday Feb 2014

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

≈ Comments Off on Sayeth or Saith? Actually, It’s Neither.

Tags

17th Century, Affidavit, Bryan A. Garner, Further Affiant Sayeth Naught, Garner’s Dictionary of Legal Usage, LawProse, Legalese

LawProse Lesson #149: “Further Affiant Sayeth Naught,” by Bryan A. Garner, LawProse

http://www.lawprose.org/blog/?p=2506

Further affiant sayeth naught.

Many affidavits close with this classic legalese or some variation of it. Other than the obvious questions (‘What does it mean?’ and ‘Is it necessary?’), this phrase gives rise to two stylistic dilemmas.

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Former Appellate Law Clerk Emphasizes Brief Writing Skills.

19 Wednesday Feb 2014

Posted by Celia C. Elwell, RP in Alabama Supreme Court, Appellate Judges, Appellate Law, Bad Legal Writing, Brief Writing, Judges, Legal Analysis, Legal Writing, Statement of Facts

≈ Comments Off on Former Appellate Law Clerk Emphasizes Brief Writing Skills.

Tags

Alabama Supreme Court, Appellate Judges, Brief Writing, Briefly Writing Blog, Chief Justice Sonny Hornsby, Justice Terry Butts, Legal Writing, Mike Skotnicki

The Most Important Thing I Learned on the Inside of the Alabama Supreme Court, by Mike Skotnicki, Briefly Writing Blog

http://tinyurl.com/mhq8a3m

An excellent post well worth reading. This short excerpt reminds us why quality legal writing is so critical in appellate advocacy. -CCE

[T]o win an appellate matter you must make your brief come alive, hold the reader’s attention, influence the reader to view your client favorably, and help guide the court to the result you want. With the paucity of oral argument, the appellate brief is very likely your only opportunity to present to the court the passion you hold for your client’s cause and that passion, though controlled, should be palpable. Your brief must be more like a compelling novel, telling a story of conflict, than the dry and lifeless tome that is most often submitted on appeal. If your brief is the one that the appellate judge or staff member goes back to again and again in preference to that of the opposing party as the matter is being considered, the chances of your client winning will climb immeasurably.  Sometimes having the “best” case or fact in your favor is enough for your client to win, but most appeals simply aren’t that easy. . . .

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An Argument For Teaching Psychology In Legal Writing.

16 Sunday Feb 2014

Posted by Celia C. Elwell, RP in Legal Writing, Psychology

≈ Comments Off on An Argument For Teaching Psychology In Legal Writing.

Tags

Lawrence M. Solan, Legal Skills Prof Blog, Legal Writing, Legal Writing Courses, Psychology, Social Science Research Notebook

Four Reasons to Teach Psychology to Legal Writing Students, by Lawrence M. Solan, Social Science Research Notebook (with hat tip to Legal Skills Prof Blog)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2391974

Abstract:

Over the past quarter century we have learned a great deal about psychological biases that are by-products of the strategies we use in everyday reasoning. This essay invites educators to introduce some basic facts about these biases to students in legal writing courses. By teaching students to understand the psychological phenomena that underlie some of the core strategies of good legal writing, legal writing instructors may help students to internalize more of what they learn in legal writing classes. This will make it more likely that they will be able to transfer the skills to tasks performed in their legal careers.

While a number of psychological biases are relevant to good legal writing, the essay describes four: the preference for simple writing; the confirmation bias (causing us to ignore evidence that contradicts positions we have taken); the correspondence bias (overemphasizing character and undervaluing context in explaining an individual’s conduct); and the bias blind spot (thinking we ourselves are less susceptible to these biases than are people in general). The essay suggests ways to introduce each of these psychological phenomena into the legal writing course in ways that should enhance the student’s sensitivity to these important issues, and not take up too much class time.

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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

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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. . . .

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Keeping It Short and Sweet.

15 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Criminal Law, Legal Writing, Texas Supreme Court

≈ Comments Off on Keeping It Short and Sweet.

Tags

Carving Doctrine, Ex parte McWilliams, Good Legal Writing, Presiding Judge Onion, Texas Supreme Court, Tiffany Johnson

Less is More, by Tiffany Johnson, Good Legal Writing

http://goodlegalwriting.com/2014/01/03/less-is-more/

I happened upon this interesting dissent in my research recently.  If you can forgive the biting tone (note the judge’s befitting name), I think the minimalist technique is pretty effective.  It’s not bogged down with preachy legalese.  It doesn’t pontificate or soliloquize. It’s short and (not so) sweet. . . .

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Is It Herein, Hereunder, Or Over Yonder?

10 Monday Feb 2014

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

≈ Comments Off on Is It Herein, Hereunder, Or Over Yonder?

Tags

Adams On Contracting Blog, Ambiguity, Bayerische Landesbank New York Branch v. Aladdin Capital Mgmt. LLC, Contract Law, Herein, Hereunder, Ken Adams, Legal Writing, Paul Hastings

“Herein” (And I Need A Label For This Kind Of Ambiguity), by Ken Adams, Adams on Contract Drafting Blog

http://tinyurl.com/lg9nuer

Ken Adams explains why to avoid “herein,” “hereunder,” and antecedent ambiguity when drafting contracts. -CCE

I’ve previously entertained you with court opinions addressing confusion over what part of a contract is being referred to in a contract provision. Who can forget the confusion over a “hereunder”? (See this post). Or over “except as provided below”? (See this post.)

Well, I have another treat for you. (Yes, I know, I’m too generous.)

The case is Bayerische Landesbank, New York Branch v. Aladdin Capital Mgmt. LLC, 692 F.3d 42 (2d Cir. 2012) (PDF here). (I learned about it from this Paul Hastings newsletter.)

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A Judge’s Biting Response to Bad Briefs.

08 Saturday Feb 2014

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

≈ 1 Comment

Tags

Bradshaw v. Unity Marine Corps, Briefs, Good Legal Writing, Judge Samuel B. Kent, Legal Analysis, Legal Writing, Tiffany Johnson

The Bench Strikes Back, by Tiffany Johnson, Good Legal Writing

http://goodlegalwriting.com/2013/01/10/the-bench-strikes-back/

A judge does not like the quality of writing and analysis in attorneys’ briefs and tells them so. It isn’t pretty. -CCE

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Forget Times New Roman! Courts Prefer More Readable, Professional Fonts.

08 Saturday Feb 2014

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

≈ Comments Off on Forget Times New Roman! Courts Prefer More Readable, Professional Fonts.

Tags

Appellate Briefs, Fonts, Jason Steed, Legal Solutions Blog, Legal Writing, Times New Roman

Legal Writing: Font Matters, by Jason Steed, Legal Solutions Blog

http://tinyurl.com/n5zv6z7

 I thought by now it was becoming common knowledge that lawyers should avoid using Times New Roman as the font for their legal documents. But I recently had a conversation with an experienced lawyer about font choices in appellate briefs, and this experienced lawyer was trying to tell me that font doesn’t matter. “Just leave it on Times New Roman,” the experienced lawyer said. “That’s what judges are used to; it’s what they expect. There’s no reason to shake it up.” And maybe this is true. Maybe judges, after seeing thousands of court filings, simply get “used to” and “expect” these briefs to look a certain way.

But that doesn’t mean that that’s how judges want things to be. In fact, there’s evidence to the contrary. . . .

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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.

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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. . . .

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Legal Research and Writing Resources Worth Bookmarking.

03 Monday Feb 2014

Posted by Celia C. Elwell, RP in Clouds, Corporate Law, E-Discovery, Google, Law Office Management, Legal Technology, Legal Writing, Research

≈ Comments Off on Legal Research and Writing Resources Worth Bookmarking.

Tags

Adams Contract Drafting, Bose Law and Technology Blog, Briefly Writing, Cheryl Niemeier, Corporate Law, eDiscovery Daily, Finance, Internet for Lawyers, Law Office Management, Legal Research, Legal Research Plus, Legal Technology, LLRX, Mergers & Acquisitions, MyCase, Witnesseth

8 Great Legal Research and Writing Resources and Blogs, by Cheryl Niemeier, Bose Law and Technology Blog

http://tinyurl.com/lje3ode

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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

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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

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Do You Know Whether Your Judge Uses an iPad or Tablet? Find Out Before You Submit Your Next Brief.

28 Tuesday Jan 2014

Posted by Celia C. Elwell, RP in 5th Circuit Court of Appeals, Apple, Brief Writing, Footnotes, iPad, Judges, Legal Technology, Legal Writing, Trial Tips and Techniques

≈ Comments Off on Do You Know Whether Your Judge Uses an iPad or Tablet? Find Out Before You Submit Your Next Brief.

Tags

Columbia Business Law Review, Daniel Sockwell, Eugene Volokh, iPad, Matthew Butterick, Typography for Lawyers

Writing a Brief for the iPad Judge, by Daniel Sockwell, Columbia Business Law Review

http://cblr.columbia.edu/archives/12940

‘Know your audience’ is a fundamental rule of skillful writing. For lawyers writing briefs in the 21st century, a key part of knowing your judicial audience is knowing what device will display your brief. While some judges print briefs and read the hard copy, a quiet revolution is occurring: more and more judges are reading briefs primarily on iPads or other tablets. According to experts on legal writing, this change in reading should trigger a similarly significant change in writing.

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Proper Punctuation Matters, Especially When Drafting Contracts.

25 Saturday Jan 2014

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

≈ Comments Off on Proper Punctuation Matters, Especially When Drafting Contracts.

Tags

Adams On Contract Drafting Blog, American International Group Inc., Bank of America Corp., How Things Work, Julia Layton, Ken Adams, Legal Writing, Punctuation, United States Court of Appeals for the Second Circuit

My Forthcoming Article, “Bamboozled by a Comma: The Second Circuit’s Misdiagnosis of Ambiguity in American International Group, Inc. v. Bank of America Corp.” by Ken Adams, Adams On Contract Drafting Blog (to be published in 16 Scribes J. Legal Writing (forthcoming 2014).

http://tinyurl.com/kzvf8e2

It may sound picky but, as Ken Adams’ example illustrates in this post, proper punctuation matters. A misplaced comma can completely change the meaning of a sentence.

A refresher on how to use commas properly never hurts. Julia Layton explains “10 Completely Wrong Ways to Use Commas” on How Stuff Works. -CCE

http://people.howstuffworks.com/10-wrong-ways-to-use-commas.htm

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Writing Well When In A Crunch.

25 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Legal Writing

≈ Comments Off on Writing Well When In A Crunch.

Tags

Deadlines, Legal Writing, Professor Anna P. Hemingway, Professor Jennifer M. Lear, Raymond Ward, the (new) legal writer blog

Quality Writing On A Tight Deadline, by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/pwlrjmq

Writing a project at the last minute? What us? Goodness gracious, never! But, it might not hurt to take a peek, just in case. -CCE

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Legal Writers, This Blog Is For You.

22 Wednesday Jan 2014

Posted by Celia C. Elwell, RP in ALWD, Brief Writing, Citations, Footnotes, Legal Writing, Legislative History, Quotations, The Bluebook

≈ Comments Off on Legal Writers, This Blog Is For You.

Citing Legally Blog, by Peter W. Martin, Jane M.G. Foster Professor of Law Emeritus, Cornell

http://citeblog.access-to-law.com/

If you have any interest in the fine points of legal citation and legal writing, this is the blog for you. Citation master, Peter Martin, who holds  an endowed chair named for the late Jane M.G. Foster Professor of Law Emeritus at Cornell, has created a forum to discuss and elaborate on citations as they are used by counsel and the court.

This is a “must bookmark” for anyone interested in legal writing, cite-checking, or how to cite properly. Please click on “About – Scope and Purpose” to read more about the authors’ intent for this blog. -CCE

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