Category Archives: Legal Writing

PDF Hyperlinks & E-Briefs Requirement by Some Courts.

18 Saturday Jan 2014

Posted by in Brief Writing, Citations, E-Briefs, E-Briefs, Legal Writing, PDF Hyperlinks, Quotations, Tennessee Supreme Court, United States Supreme Court

≈ Comments Off on PDF Hyperlinks & E-Briefs Requirement by Some Courts.

Tags

, , , , , , , , , , , ,

PDF Hyperlinks & E-Briefs: Overview Of How Lawyers Can Use And Create Them, By Ernie Svenson, PDF for Lawyers

http://pdfforlawyers.com/pdf-hyperlinks-ebriefs/

To emphasize the point, here is a brief compilation of Courts that use or require .pdf hyperlinks. Please note that this is not a complete list. If you know of other courts that require or allow .pdf hyperlinks in briefs, please forward that information to me, and I will post it. As a general caveat, always check your Court’s rules when preparing any brief to be filed with the Court, and follow them concisely.

Also, please note that the U.S. Supreme Court uses hyperlinks to citations in its opinions. But, it has encountered something called “link rot,” which causes hyperlinks to deteriorate with time. That issue has been discussed in here at:  https://researchingparalegal.com/2013/10/22/a-plan-to-stop-link-rot-forever-perma-cc/. You can easily subscribe to Perma.cc. The only problem I have encountered that it is still in beta stage and is not 100% reliable. If you encounter problems, the people who do the trouble-shooting respond quickly.-CCE

Electric Filing Order, Supreme Court of Texas: http://www.supreme.courts.state.tx.us/ebriefs/ebriefs.asp

New Hampshire Judicial Branch: http://www.courts.state.nh.us/supreme/ebriefs/ 

Electronic Briefs in Trial and Appellate Courts, Jurist: http://jurist.law.pitt.edu/courttech3.htm

California Courts – Electronic Filing/Submissions: http://www.courts.ca.gov/8872.htm

State of Connecticut Judicial Branch – E-Citation Procedures and Technical Standards: https://eservices.jud.ct.gov/Login.aspx?ReturnUrl=%2fdefault.aspx

 

If You Have Ever Had Writer’s Block Or Procrastinated Over a Writing Deadline, This Article Is For You!

12 Sunday Jan 2014

Posted by in Legal Writing

≈ Comments Off on If You Have Ever Had Writer’s Block Or Procrastinated Over a Writing Deadline, This Article Is For You!

Tags

, , , , , ,

Overcoming Writer’s Block And Procrastination For Attorneys, Law Students, And Law Professors, by David A. Rasch and Meegan Rasch,, New Mexico Law Review, 43 N.M. L. Rev. 193 (Spring 1993) (with hat tip to William P. Statsky!)

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2272868

As Bill Statsky, a long-time writing mentor, reminded me: “Writing is easy. All you do is stare at a blank sheet of paper until drops of blood form on your forehead.” Gene Fowler, in The Writer’s Quotation Book 41 (James Charlton ed., 1985).

We have all faced this at one time or another. Let’s be honest – it happens. The fear of a blank page is a powerful thing, even for the best of writers.

This article is for anyone who has ever faced a writing deadline, and waited until the last minute to start. It is for those folks who sat down to write, and could not think of anything to say. I know you are out there. I have been there too. If any of this sounds familiar, this article is for you! -CCE

Framing Your Legal Arguments To Persuade.

11 Saturday Jan 2014

Posted by in Closing Argument, Cross-Examination, Direct Examination, First Amendment, Jury Instructions, Legal Writing, Making Objections, Opening Argument, Trial Tips and Techniques, Voir Dire

≈ Comments Off on Framing Your Legal Arguments To Persuade.

Tags

, , , , , , , ,

Frame It As “Freedom with Consequences,” by Dr. Ken Broda-Bahm, Persuasive Litigator

http://tinyurl.com/mvb6qjy

Ducks and Vikings have been prominent recently on the free expression front of the culture wars. The ‘Duck’ would be Duck Dynasty’s reality star Phil Robertson, who’s recent comments on homosexuality and race caused his network, A & E, to briefly suspend him from the show. The ‘Viking’ would be former Minnesota Vikings punter Chris Kluwe, who was released by the team after controversy following an editorial he wrote in favor of marriage equality. While Kluwe lost his job and Robertson kept his, the similarity in the cases is that both were framed in the public sphere as a question of free expression. But it is less the question of whether Robertson and Kluwe have free speech, but whether they have freedom from the employment consequences of that speech.

Albert Einstein Gives Writing Advice.

27 Friday Dec 2013

Posted by in Legal Writing

≈ Comments Off on Albert Einstein Gives Writing Advice.

Tags

, , ,

Before you attempt to write it . . . , by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/kxauuxq

Writing advice from Albert Einstein and Raymond Ward. -CCE

Deleting Legalese and Using Clear Language in Legal Writing.

22 Sunday Dec 2013

Posted by in Bad Legal Writing, Brief Writing, Court Orders, Legal Writing, Legalese

≈ Comments Off on Deleting Legalese and Using Clear Language in Legal Writing.

Tags

, , , , , , , ,

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

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

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

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

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

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

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

Use Quotations Sparingly.

22 Sunday Dec 2013

Posted by in Bad Legal Writing, Legal Writing, Quotations

≈ Comments Off on Use Quotations Sparingly.

Tags

, , ,

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

http://tinyurl.com/plg2tf8

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

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

 

Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

19 Thursday Dec 2013

Posted by in Appellate Law, Case Law, Citations, Court Rules, Legal Writing, Oklahoma Civil Appellate Procedure, Oklahoma Supreme Court, Research

≈ Comments Off on Heads’ Up! A Summary of the New Oklahoma Supreme Court Rule.

Tags

, , , , ,

IN RE OFFICIAL PUBLICATION OF DECISIONS, SCAD-2013-63, 2013 OK 109, Decided 12/16/2013

http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=472452

There is a new official publisher of court opinions in town, and it’s not West Publishing.

On January 1, 2014, Rule 1.200 in Title 12 goes into effect. All Oklahoma practitioners should take note of this new rule affecting appellate procedure and citation format.

The Oklahoma Supreme Court becomes the “official” publisher of the Oklahoma Supreme Court and the Oklahoma Court of Civil Appeals. Whenever either the Supreme Court or the Court of Civil Appeals files an opinion with the Court Clerk, the opinion is published that same day on the home page of OSCN, the Oklahoma Supreme Court Network (http://www.oscn.net).

West Publishing Company, which had been the “official” publisher since January 2, 1954, will remain an “unofficial publisher,” along with the Oklahoma Bar Journal and other publications. Regardless, a parallel citation to the Pacific Reporter, a West publication, is still required by this rule.

If you practice in Oklahoma, you may recall when the Supreme Court started using its public domain citation form in 1997. This is now the required citation format – with some new tweaks.  Among the new requirements are citations to the opinion’s paragraph for spot citations.

The Court also addresses how it will publish Memorandum Opinions and Unpublished Opinions. For the first time, a party or individual who believes an unpublished opinion of the Supreme Court or Court of Appeals has “substantial precedential value” may ask the Court to publish that opinion. Opinions designated for publication only in the Oklahoma Bar Journal (“For Publication in O.B.J”) may not be cited as precedent.

The Rule provides examples of the new variations of the required changes in citation format. The examples are logical, and easy to understand. If you wish to make a positive impression with either Court, I would follow these changes precisely. -CCE

Increase Credibility With The Court By Writing Accurate Facts And Law.

18 Wednesday Dec 2013

Posted by in Brief Writing, Citations, Discovery, Evidence, Legal Writing, Motions

≈ Comments Off on Increase Credibility With The Court By Writing Accurate Facts And Law.

Tags

, , , ,

Commandment #7–Don’t “Fudge” the Facts or the Law, by Megan E. Boyd, (Lady) Legal Writer

http://tinyurl.com/n6qmvqe

Ms. Boyd excels at explaining how to present facts and applicable law to your client’s best advantage. She reminds us to use citations to depositions, discovery responses, and other resources to emphasize credibility, a detail sometimes overlooked. Definitely worth a read. – CCE

To Write Well, Learn How to Explain . . . .

14 Saturday Dec 2013

Posted by in Legal Writing

≈ Comments Off on To Write Well, Learn How to Explain . . . .

Tags

, ,

Commandment #8–Thou Shall Explain the Facts and the Law in an Organized, Coherent Manner, by Megan E. Boyd, (Lady) Legal Writer

http://tinyurl.com/mu85yoq

Legislative History’s Importance in Legal Writing.

10 Tuesday Dec 2013

Posted by in Appellate Law, Legal Writing, Legislative History

≈ Comments Off on Legislative History’s Importance in Legal Writing.

Tags

, , , , , ,

From Ohio Lawyer: The importance of legislative history in Supreme Court decisions, by Porter Wright

http://tinyurl.com/kvtcp9m

Kathleen Trafford, a partner in Porter Wright’s Litigation Department, published the article “The importance of legislative history in Supreme Court decisions” in the September/October issue of Ohio Lawyer, the magazine of the Ohio State Bar Association. 

The Art of Choosing the Right Word to Persuade the Court.

07 Saturday Dec 2013

Posted by in Brief Writing, Legal Writing

≈ Comments Off on The Art of Choosing the Right Word to Persuade the Court.

Tags

, , ,

White Mountain Apache Tribe I, by Kelly Griffis, Brief Right!

http://briefright.com/white-mountain-apache-tribe-i/

If you have not already taken a look at this Blog, it is all about editing and drafting excellent briefs. In this post, Ms. Griffis looks at a particular case and shows how the government chose specific words to undermine the other side’s position and build on its own case. -CCE

Great Blog on Brief Writing!

25 Monday Nov 2013

Posted by in Criminal Law, Legal Writing

≈ Comments Off on Great Blog on Brief Writing!

Tags

, , , , ,

Follow the rules, by Kirby Griffis, Brief Right (with hat tip to Raymond Ward, the [new] legal writer!)

http://briefright.com/follow-the-rules/

 Today’s brief comes from a criminal appeal filed in the Seventh Circuit. A number of things about it attracted my attention. First, it is a brief that the filing lawyer (allegedly) paid a brief writer $5,000 to draft for him. Second, it is an appeal from a decision by the Hon. Chief Judge Joe Billy McDade of the Central District of Illinois, and I don’t believe that Judge McDade is capable of error (though I may be biased). And third, the lawyer who filed the brief was sanctioned for failing to show up for oral argument on it (he said that he was up all night vomiting and didn’t feel well enough to go to court). Though I have great sympathy with feeling ill prior to an oral argument before the Seventh Circuit, it does seem wise to show up anyway when the clerk tells you that you have to.

Judge Sparks on Fire — Again.

23 Saturday Nov 2013

Posted by in Depositions, Discovery, Judges, Legal Writing, Subpoenas, Texas Supreme Court

≈ Comments Off on Judge Sparks on Fire — Again.

Tags

, , , , , , , ,

Benchslap of the Day: Judge Sparks Burns More Attorneys , by By David Lat, Above the Law

http://tinyurl.com/45y5v3z

Mr. Lat shared this excerpt from the Judge’s Order:

[J]udge Sparks invited lawyers to a hearing that he referred to as a ‘kindergarten party.’ According to the ‘invitation’ — er, order — ‘[t]he party will feature many exciting and informative lessons, including… how to enter into reasonable agreements about deposition dates [and] how to limit depositions to reasonable subject matter.’ The event is aimed at lawyers who ‘are unable to practice law at the level of a first year law student.’

What Do Soap Opera Writers and Master Litigators Have in Common? The Ability to Tell a Great Story.

20 Wednesday Nov 2013

Posted by in Legal Writing, Trial Tips and Techniques

≈ Comments Off on What Do Soap Opera Writers and Master Litigators Have in Common? The Ability to Tell a Great Story.

Tags

, , , , , ,

Are You Smarter Than A Soap Opera Writer?, by Laurie Kuslansky, The Litigation Consulting Report (with hat tip to Ken Lopez!)

http://tinyurl.com/qz8jqgj

As Ms. Kuslansky points out, “There’s always a story, but if you don’t tell yours, jurors will use their own.“ The same is true in documents submitted to the Court. Who else will tell your client’s perspective of events and interpretation of the law? You are the one who tells your client’s story, whether to the Court in a brief or motion or to the jury at trial. CCE

Believe it or not, soap opera writers are better at storytelling than some litigators. Why? Not because of their subject matter or their wisdom, but because they know how to activate more of the brain than some lawyers. They put events into a story context, and they know how to use language to activate the brain better. If they can do it, so can you.

 

Plain English Tools include Gobbledygook Generator

20 Wednesday Nov 2013

Posted by in Bad Legal Writing, Legal Writing, Legalese

≈ Comments Off on Plain English Tools include Gobbledygook Generator

Tags

, , ,

Examples and Plain English Tools, The Plain English Campaign

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

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

Ending Confusion To End Litigation.

18 Monday Nov 2013

Posted by in Bad Legal Writing, Contract Law, Legal Writing, Legalese

≈ Comments Off on Ending Confusion To End Litigation.

Tags

, , ,

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

http://tinyurl.com/n7fup2u

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

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

17 Sunday Nov 2013

Posted by in Bad Legal Writing, Brief Writing, Legal Writing

≈ Comments Off on How to Convince the Court that Your Client Deserves to Win.

Tags

, , , , ,

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

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

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

An except from this article:

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

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

Where Bad Motions Go to Die . . . .

15 Friday Nov 2013

Posted by in Bad Legal Writing, Legal Writing, Motions

≈ Comments Off on Where Bad Motions Go to Die . . . .

Tags

, ,

That is incomprehensible! Denied. by Nicole Black, My Case Blog (with hat tip to William Statsky!)

http://perma.cc/0JW8RgZ5LeH

I was going to say something about good motion writing practices, but I can think of nothing more appropriate than the Court’s own words. CCE 

The Civil Appeals Profile Database for State Courts.

13 Wednesday Nov 2013

Posted by in Appellate Law, Court Rules, Legal Technology, Legal Writing, Research, State Appellate Courts, Trial Tips and Techniques

≈ Comments Off on The Civil Appeals Profile Database for State Courts.

Tags

, , ,

Appellate Division of the New York State Supre...

http://bit.ly/1bvOkLs

 The National Center for State Court has created this compilation of civil appellate court practices and procedures.

The link takes you to a map of the United States. Click on your state, and you will get a breakdown of appellate procedures. The information is  somewhat like a “cheat sheet” for the state’s rules of appellate procedure.

Please note that the website recommends setting your printer to “landscape” for best results.

Strong Openings Make A Difference

13 Wednesday Nov 2013

Posted by in Brief Writing, Legal Writing

≈ Comments Off on Strong Openings Make A Difference

Tags

, , , , ,

Open A Brief With Substance, Not Bluster — Mere Posturing Is Ineffective, by Kenneth F. Oettle, at Sills Cummis & Gross P.C. (Please note correct firm name. CCE)

This article was later published in the New Jersey Law Journal, and again published in Ken Oettle’s “Making Your Point,” (an excellent book on legal writing that should be on everyone’s reference desk, in my humble opinion) published by ALM. The link is to the Sills Cummis & Gross P.C. website: 

http://bit.ly/19EOC24

An Excellent and Persuasive Legal Writing Tool – Parentheticals

09 Saturday Nov 2013

Posted by in Brief Writing, Case Law, Citations, Legal Writing, Trial Tips and Techniques

≈ Comments Off on An Excellent and Persuasive Legal Writing Tool – Parentheticals

Tags

, , , , ,

For lovers of parentheticals, two articles, by Raymond Ward, the (new) legal writer

http://bit.ly/1a8Hudm

A Compilation of Canadian Law Blogs, Articles, and Links

09 Saturday Nov 2013

Posted by in Copyright, Intellectual Property, Law Libraries, Law Office Management, Legal Writing, Marketing, Research

≈ Comments Off on A Compilation of Canadian Law Blogs, Articles, and Links

Tags

, , , , , ,

Fall 2013 Issue of Law Library Journal Now Available, Michel-A. Sheppard, Library Boy

http://bit.ly/1fsfMdJ

Ron, this one’s for you. CCE

A Rose by Any Other Name . . . .

09 Saturday Nov 2013

Posted by in First Amendment, Legal Writing, Motions in Limine, Trial Tips and Techniques

≈ Comments Off on A Rose by Any Other Name . . . .

Tags

, , , ,

Counsel on both sides petition the Court to be called “specific” names. The jury, as juries sometimes do, may be able to think of some on its own. CCE

A response to a motion in limine that I wish I had received, by Hon. George Richard Kofp, Hercules and the umpire Blog

http://bit.ly/19NNlFV

 

A Compilation of Legal Writing Sources

05 Tuesday Nov 2013

Posted by in Bad Legal Writing, Brief Writing, Legal Writing

≈ Comments Off on A Compilation of Legal Writing Sources

Tags

, , , , ,

 This list barely scratches the surface of the wealth of information on good  legal writing, but it’s a start. More to come. CCE

Plain-English Subcommittee, Chronological List of Articles, Michigan Bar Journal, State Bar of Michigan

http://perma.cc/0P72PHThkHR

Legal Writing Tips, Michael Aleo, Legal Writing Tips Blog

http://perma.cc/0gpKDSoYasx

the (new) legal writing blog, by Raymond P. Ward

http://perma.cc/0izuaUDN9h8

UCLA School of Law Legal Research and Writing Guide, UCLA Law School, Hugh and Hazel Darling Law Library

http://perma.cc/0KoRUEKZmZy

(Please note the tabs at this same website on all types of Legal Research, Mobile Legal Research, and a Guide to Bluebook Citations. CCE)

Good Legal Writing: of Orwell and Window Panes, by Pamela Samuelson©1984, 46 University of Pittsburgh Law Review 149 (Fall 1984), UC Berkeley School of Information

http://perma.cc/0yqw83CnnrX

The Writing Center, Georgetown University Law Center

http://perma.cc/0pbttULwwVP

 

A Compilation of Writing Guides, Tips, and Blogs

01 Friday Nov 2013

Posted by in Legal Writing, Quotations

≈ Comments Off on A Compilation of Writing Guides, Tips, and Blogs

Tags

, , , , , , ,

Quick and Dirty Tips, by Mignon Fogarty, Grammar Girl Blogspot
http://perma.cc/0AztTwAToiB
(There is much, much more at this website. Worth a browse . . . .)

English Usage, Style & Composition, Bartleby.com
http://perma.cc/0EUx9Jd3HK5
(Includes Strunk & White’s “Elements of Style,” H.W. Fowler, “The King’s English,” and more.)

Guide to Grammar and Style, Jack Lynch, Rutgers University in Newark
http://perma.cc/0SUMVx7Dwa

How to Write in Plain English, The Plain English Campaign
http://perma.cc/0JsVUpet3yK

Online Style Guides and Writing Skills, Mantex
http://perma.cc/0JYEshLRf6z

Writer’s Web, University of Richmond Writer’s Center
http://perma.cc/0SEh8zUwC1G

OWL – The Purdue Online Writing Lab
http://perma.cc/0Bk14D5amXN

Writing Guides,Writing @ CSU, Colorado State University Writing Center
http://perma.cc/0rK1LyLYBhW

Handouts, The Writing Center, The University of North Carolina at Chapel Hill
http://perma.cc/0JgKARJVbKF

Daily Writing Tips Blog
http://www.dailywritingtips.com/