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The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Legal Writing

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.

Tags

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?

Tags

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: . . . .

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Judge’s Benchslap Orders Parties To Rewrite Their Acronym-Loaded Briefs.

20 Monday Jul 2015

Posted by Celia C. Elwell, RP in Acronyms, Bad Legal Writing, Brief Writing, District of Columbia Circuit Court of Appeals, Legal Writing, Readability, Style Manuals

≈ Comments Off on Judge’s Benchslap Orders Parties To Rewrite Their Acronym-Loaded Briefs.

Tags

Acronyms, Benchslap, Legal Writing, Ross Guberman

Alphabet Attack, by Ross Guberman, Legal Writing Tips for Attorneys and Judges

http://legalwritingpro.com/blog/alphabet-attack/

I wonder how many judges have wanted to do this? -CCE

It wouldn’t be spring in America without some federal judges publicly criticizing attorneys in a genre now known as ‘benchslap.’

The offended court this time: the D.C. Circuit. The court’s target: acronyms in briefs filed in a complex telecom dispute. The benchslap: ‘It is ordered . . . that the parties submit new briefs that eliminate uncommon acronyms used in their previously filed final briefs.’ The court even cited its own practice handbook for good measure: ‘[i]n briefs the use of acronyms other that those that are widely known should be avoided.’ . . .

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The Difference Between “Affect” and “Effect.”

14 Tuesday Jul 2015

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

≈ Comments Off on The Difference Between “Affect” and “Effect.”

Tags

Affect, Effect, Grammar Girl, Mignon Fogarty

Affect Versus Effect, by Mignon Fogarty, Grammar Girl

http://www.quickanddirtytips.com/education/grammar/affect-versus-effect

When to use affect and effect is one of the most common questions I get. This is an expanded show based on the original episode covering when to use affect with an a and when to use effect with an e. . . .

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Yes! Ohio Court Rules Missing Punctuation Changes Interpretation Of Municipal Code.

11 Saturday Jul 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Grammar, Legal Analysis, Legal Writing, Proofreading, Punctuation, Statutory Interpretation

≈ 1 Comment

Tags

Commas, Municipal Ordinance, Punctuation, Sarah Larimer, The Washington Post, William P. Statsky

Ohio Appeals Court Ruling Is A Victory For Punctuation, Sanity, by Sarah Larimer, The Washington Post (with hat tip to William P. Statsky)

http://tinyurl.com/q7vzjws

Punctuation nerds, rejoice! For all of us who care deeply about really good legal writing, grammar, and punctuation, today we are vindicated! Thank you, Judge Robert A. Hendrickson, of the Twelfth District Court of Appeals in Ohio. -CCE

Look, I know you’re all busy, but let’s just take a minute today and celebrate Judge Robert A. Hendrickson and the 12th District Court of Appeals in Ohio.

These defenders of punctuation.

These champions of copy editors everywhere.

That one court that totally called out a village ordinance for its comma-related failings.

(I know!!!)

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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.

Tags

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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Premises Considered – Legalese Or The Way It Should Be Done?

04 Saturday Jul 2015

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

≈ Comments Off on Premises Considered – Legalese Or The Way It Should Be Done?

Tags

Legal Writing Net Blog, Legalese, Premises Considered, Wayne Scheiss

Wherefore Premises Considered? by Wayne Scheiss, Legal Writing Net Blog

http://www.utexas.edu/law/faculty/wschiess/legalwriting/2005/03/wherefore-premises-considered

 

When I worked as a legal secretary, I typed the archaic phrase “premises considered” so many times in pleadings, orders, brief, and all types of legal documents. No one ever explained what it meant, but the author was certainly upset if it was omitted. The reason for insisting that this phrase be added? It made the document sound more legal.

They were so used to seeing this phrase, although they did not know its meaning, that it simply did not look right without it. This is reason given by most followers of legalese. They cannot explain what it means – it just looks wrong without it. Is that really a sufficient reason to include it? -CCE

Is it okay to eliminate phrases like WHEREFORE PREMISES CONSIDERED and other such verbiage from the prayer in a complaint? And what is the proper substitute?

Yes, it is okay to eliminate these words. In fact, I highly recommend it. . . .

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Canada To Start Using Plain Language For Drug Labels.

03 Friday Jul 2015

Posted by Celia C. Elwell, RP in Canada, Consumer Law, Plain Language

≈ Comments Off on Canada To Start Using Plain Language For Drug Labels.

Tags

Drug Labels, Health Canada, Michael Mezher, Plain Language, Regulatory Affairs Professionals Society™

Plain Language Labeling Regulations to Take Effect in Canada, by Michael Mezher, Regulatory Affairs Professionals Society™

http://tinyurl.com/qfdk7vh

Health Canada has released a new guidance document intended to clarify new ‘plain language’ labeling requirements before new regulations take effect on 13 June 2015.

Background

In 2013, Canada’s then-Minister of Health Leona Aglukkaq announced the government was launching a new initiative to improve drug safety by making product information easier to understand for consumers. . . .

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An Expert’s Guide To Formatting An Appellate Brief.

20 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Appellate Law, Appellate Writing, Brief Writing, Citations, Citations to the Record, Court Rules, Courts, Legal Writing, Local Rules, Table of Authorities

≈ Comments Off on An Expert’s Guide To Formatting An Appellate Brief.

Tags

Above the Law, Appellate Briefs, Appellate Record, Brief Formatting, Court Rules, Deborah Savadra, Legal Office Guru, Legal Writing

How to Format an Appellate Brief, by Deborah Savadra, Lawyerist Blog

(Deborah Savadra is editor and chief blogger at Legal Office Guru, which offers The WordPerfect Lover’s Guide to Word as well as Microsoft Office video tutorials. You can follow her on Twitter at @legalofficeguru.)

https://lawyerist.com/70334/format-appellate-brief-microsoft-word/

Appellate briefs are not a project for beginners. And, regardless of what you read in this tutorial, you must follow your appellate court rules to the letter.

When your court’s rules tell you that it wants citations done a certain way, it mean exactly that. If the court’s rules say a brief must not go over a certain number of pages, do not even think about “fudging” the rules by changing the font, page size, or line spacing.

You see, all courts, not just appellate ones, write local rules for a reason. Whatever “trick” you may try to skirt around those rules, that court has already seen it and knows it when it sees it again. Courts take their local rules seriously, and so should you.

There are many posts and articles posted on my blog about the strategy and nuances of writing appellate briefs, as well as many excellent books on the subject. This tutorial will help you with the nuts and bolts of writing the bare bones, which is always useful regardless of your writing proficiency.

I also highly recommend Ms. Deborah Savadra’s blog, Legal Office Guru. She does an excellent job. -CCE

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The appellate brief is undoubtedly one of the most complex pleadings, formatting-wise. Formatting requirements vary from court to court, going so far as to dictate the size and font of your type, your margins and your line spacing. (If you’ve ever had to do a U.S. Supreme Court brief, I feel your pain.) Even before you consider the text of your argument, you have to wrap your head around which pages have which style of page numbers, whether you must furnish a table of authorities, and how you have to deal with any appendices or references to the record. . . .

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A New Bluebook Citation Guide.

16 Tuesday Jun 2015

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

≈ Comments Off on A New Bluebook Citation Guide.

Tags

Dionne E. Anthon, James B. Levy, Legal Skills Prof Blog, The Bluebook, West Academic Press

FYI – A New User’s Guide To The 20th Edition Of The Bluebook Will Be Released Next Month, by James B. Levy, Legal Skills Prof Blog

http://tinyurl.com/pb8ane3

The new 20th edition of the Bluebook is out now and thus West Academic Press plans to publish next month a new user’s guide to go along with it called Anthon’s The Bluebook Uncovered: A Practical Guide to Mastering Legal Citation. . . .

Continue reading →

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New And Amended Oklahoma Uniform Jury Instructions – Juvenile.

13 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Jury Instructions, Legal Writing, Oklahoma Supreme Court

≈ Comments Off on New And Amended Oklahoma Uniform Jury Instructions – Juvenile.

Tags

Jury instructions, Juvenile Law, Oklahoma Supreme Court, Verdict Forms

Order Adopting New and Amended Oklahoma Uniform Jury Instructions and Verdict Forms – Juvenile.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=475710

On June 8, 2015, The Oklahoma Supreme Court published its new and amended Uniform Jury Instructions and Verdict Forms – Juvenile. The District Courts of the State of Oklahoma are to implement these instructions effective thirty days from the date of the Order. -CCE

 

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Excellent Argument About Technology and Citation Placement.

13 Saturday Jun 2015

Posted by Celia C. Elwell, RP in Apple, Brief Writing, Citations, E-Briefs, E-Briefs, E-Filing, Footnotes, iPad, Laptop, Legal Technology, Legal Writing, Mac, Microsoft Office, PC Computers, Readability, Tablets

≈ Comments Off on Excellent Argument About Technology and Citation Placement.

Tags

Brian Garner, Brief Writing, Citing Legally Blog, E-Briefs, E-Filing, Legal Citations, Legal Technology, Legal Writing, Peter Martin

If the Judge Will Be Reading My Brief on a Screen, Where Should I Place My Citations? by Peter Martin, Jane M.G. Foster Professor of Law, Emeritus, Cornell Law School, Citing Legally Blog

http://citeblog.access-to-law.com/?p=149

 

As pointed out in this article, more courts require e-filing and are using tablets and other technology to read what you file. If you do not use technology, then you do not know how your document appears on the screen. It is quite different than reading something on a printed page.

So what to do? Keep writing as you always have and ignore changes brought about by technology or adjust? -CCE

A. Introduction

In a prior post I explored how the transformation of case law to linked electronic data undercut Brian Garner’s longstanding argument that judges should place their citations in footnotes. As that post promised, I’ll now turn to Garner’s position as it applies to writing that lawyers prepare for judicial readers. . . .

Continue reading →

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Where Should Citations Go? Texas Appellate Judges Have An Opinion.

05 Friday Jun 2015

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

≈ Comments Off on Where Should Citations Go? Texas Appellate Judges Have An Opinion.

Tags

Brian Garner, Footnotes, Legal Citations, Legal Writing, Rich Phillips, Texas Appellate Watch

The End of the Great Footnote War in Texas? by Rich Phillips, Texas Appellate Watch

http://tinyurl.com/oq8z9va

I have posted before (and here and here) about a debate that confirms that appellate lawyers are the nerds of the legal world: should citations go in footnotes or in the text?. . . .

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Is The Bluebook Protected By Copyright?

31 Sunday May 2015

Posted by Celia C. Elwell, RP in Citations, Copyright, Intellectual Property, Legal Writing, Public Domain, The Bluebook

≈ Comments Off on Is The Bluebook Protected By Copyright?

Tags

ABA Journal, Baby Blue, Copyright Law, Legal Citation, Leslie A. Gordon, Peter Martin, The Bluebook

Legal Minds Differ On Whether The Bluebook Is Subject To Copyright Protection, by Leslie A. Gordon, ABA Journal

http://tinyurl.com/o228qkc

Controversy is probably not the first thing that comes to mind when you think of The Bluebook, but the bible of legal citation is at the center of an increasingly nasty dispute over whether it is subject to copyright protection.

Open-source advocates are contending that the style and citation manual is an essential piece of legal infrastructure and can’t be preserved as private property under copyright law. The book’s publishers say otherwise. . . .

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The 20th Edition of the Bluebook Has Finally Arrived.

30 Saturday May 2015

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

≈ Comments Off on The 20th Edition of the Bluebook Has Finally Arrived.

Tags

Barco 2.0: Law Library Reference, Perma CC, The Bluebook, University of Pittsburg, William P. Statsky

The Bluebook!, by Barco 2.0: Law Library Reference, University of Pittsburg (with hat tip to William P. Statsky)

http://tinyurl.com/qgxnokh

The approximate cost for the 20th Edition is around $30. If you buy it online to get the free month of the Bluebook Online, it will cost $38.50:  https://www.legalbluebook.com/Purchase/Products.aspx?op=Book.

You will find the changes made to the 20th Edition at the beginning of the book. Each new edition provides this information to allow you to see up front to show what has been revised and added to the book.

I am glad to see that this Edition of the Bluebook is addressing the problem of link rot by using Perma.cc. I’ve blogged previously about Perma.cc. I used it exclusively on this blog for a time until more than one posts were lost because the link no longer worked. Perma.cc is still the best tool available now to address link rot. Let’s hope that it works out its reliability problems. -CCE

The 20th Edition of The Bluebook is now available. For this edition, when you purchase a printed copy of The Bluebook, you will get a FREE 30 day trial to the Bluebook Online; look for your free trial key on the back of the title page. The Bluebook for iPad, iPhone and iPad Touch are available via the Rulebook app in the App Store. Perma.cc is pleased to see that this Bluebook now recognizes Perma.cc as a reliable tool for preserving internet sources. . . .

Continue reading →

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Promises, Promises.

23 Saturday May 2015

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

≈ Comments Off on Promises, Promises.

Tags

Adams On Contract Drafting Blog, Contracts, Ken Adams, Legal Writing

“Promises That” and “Promises To, by Ken Adams, Adams On Contract Drafting Blog

http://www.adamsdrafting.com/promises-that-and-promises-to/

For the sheer heck of it, let’s look at how the verb promises is used in contracts. . . .

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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.

Tags

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.

Tags

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. . . .

Continue reading →

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One Space Vs. Two Spaces At The End Of A Period.

13 Wednesday May 2015

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

≈ Comments Off on One Space Vs. Two Spaces At The End Of A Period.

Tags

Grammar Girl Blog, Legal Writing, Mignon Fogarty, Punctuation

Two Spaces After a Period, by Mignon Fogarty, Grammar Girl Blog

http://www.quickanddirtytips.com/education/grammar/two-spaces-after-a-period

I learned to type on a typewriter. The rule was back then was to add 2 spaces after a period at the end of a sentence. When I first heard about the switch to 1 space rather than 2, I wondered why change?

The reason was clear. I was no longer using a typewriter, but a machine that automatically adjusts the spacing between characters and sentences. Makes sense to me. -CCE

Were you taught to put two spaces after a period at the end of a sentence? Many people were, but now most publications recommend using just one. Here’s the scoop.

If you learned to type on a typewriter, you’re going to hate what I say next: Do not put two spaces after a period. Don’t do it. Just use one.

I know. I was taught to use two spaces after a period in my high school typing class too, but you know what? It’s not that hard to break the habit. I haven’t been tempted to type two spaces for decades. It’s not like quitting smoking. I don’t find myself in nostalgic typewriting situations and suddenly get hit by an unexpected urge to type two spaces.

The modern and easy-to-follow style is to put one space after a period.

I’m not making this up to torment you. Typesetters write and beg me to tell people to only use one space. If you use two spaces, they have to delete them. Yes, it’s not that hard to do it with search-and-replace, but it’s not that hard to put dishes in the dishwasher either, and you don’t like doing that, do you?

If sympathy for typesetters doesn’t move you, I’m willing to bet you’re a rule follower. I don’t have a lot of to-heck-with-the-rules type of readers or listeners. And everyone who makes the rules today agrees: It’s a one-space world.

TheChicago Manual of Style, the US Government Printing Office Style Manual, ThePublication Manual of the American Psychological Association, and the AP Stylebook are just a few of the style guides that recommend one space after a period. . . .

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Who Knew Adverbs Were So Dangerous?

10 Sunday May 2015

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

≈ Comments Off on Who Knew Adverbs Were So Dangerous?

Tags

Adverbs, American Bar Journal, Debra Cassens Weiss, Grammar, William P. Statsky

Using Adverbs Recklessly Can Hurt Your Appeal And Vex The Courts, by Debra Cassens Weiss, American Bar Journal – Appellate Practice (with hat tip to William P. Statsky)

http://tinyurl.com/mvggq6p

Adverbs can be a boon and a bane to lawyers who argue over the meaning of words such as ‘knowingly,’ ‘intentionally’ and ‘recklessly’ and sprinkle them throughout their briefs.

Indeed, the number of disputes over how to interpret adverbs in criminal statutes has surged since the 1980s, the Wall Street Journal (sub. req.) reports, citing research by Brooklyn Law School professor Lawrence Solan. But losing an argument over statutory construction isn’t the only downside to adverbs. . . .

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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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Why It’s A Bad Idea To Use Both Words and Digits When Writing Numbers.

02 Saturday May 2015

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

≈ Comments Off on Why It’s A Bad Idea To Use Both Words and Digits When Writing Numbers.

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Adams on Contract Drafting, Contract Writing, Ken Adams, Legal Writing, Strunk and White, Writing Numbers

Revisiting Use of Words and Digits to Express Numbers, by Ken Adams, Adams on Contract Drafting

http://www.adamsdrafting.com/revisiting-use-of-words-and-digits-to-express-numbers/

Some legal writers advocate writing out a number and then adding digits in parentheses. In this post, Ken Adams argues against this practice. If anything, it makes what your writing more verbose and harder to read regardless of the type of document.

Most people do not argue with Strunk and White. Its 3rd edition says to spell out numbers under 100, and use digits for numbers 100 and above. The 4th edition, which came out in 2000, specifically admonishes against spelling out numbers, unless they are used in dialogue. -CCE

More often than not, contract drafters use words and digits to express numbers, as in no later than thirty (30) days after the Closing. That’s a bad idea, for two reasons:

First, it creates clutter that distracts the reader. And the more numbers a contract contains, the greater the distraction.

And second, it violates a cardinal rule of drafting—Thou shalt not state the same thing twice in a contract! Whenever you say the same thing twice, you introduce a potential source of inconsistency. . . .

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A “Rant of Sorts?” More Like A Meltdown.

26 Sunday Apr 2015

Posted by Celia C. Elwell, RP in Bad Legal Writing, Court Rules, Courts, E-Filing, Legal Writing

≈ Comments Off on A “Rant of Sorts?” More Like A Meltdown.

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Below The Bar Blog, Kevin Underhill, Pro Se Litigant, Profanity

It “May Appear to Some to Be a ‘Rant’ of Sorts,” by Kevin Underhill, Lowering the Bar Blog

http://www.loweringthebar.net/2015/04/it-may-appear-to-be-a-rant.html

Okay, there’s no question that the person who wrote this document had some issues to get off her chest. We all need to express ourselves. Some of us just do it differently than others. Regardless of what has happened in this case, this reaction over the top.

This is probably a good time to mention that this is not the way to persuade the court to do what you want. -CCE

In this Facebook post, Tamah Jada Clark, the author of the now-legendary pleading entitled ‘To F— This Court And Everything That It Stands For,’ expresses puzzlement as to why that pleading ‘has now, apparently, become a ‘big deal.’ She also suggests that ’there is a lot of ambiguity and confusion as to what exactly has taken place heretofore to provoke what may appear to some to be a ‘rant’ of sorts.’

That may appear to some to be an understatement of sorts.

Clark suggests in the post that she ‘will take time to address the matter’ in the near future, and I’m certainly looking forward to that, but she does offer a couple of justifications. First, she argues that the incident is being exaggerated, saying that the ‘Notice [To F— This Court And Everything That It Stands For] is one of MANY documents I filed with the court and it only represents less than 1% of what has taken place.’ I know what you mean. You do everything right and then just ONCE you snap and file a nine-page profanity-filled diatribe telling a federal judge that he ‘sucks nuts’ and should ‘die,’ and then they never let you live it down.

Second, she claims that the judge has treated her unfairly all along and, oddly, that the judge has not allowed her to express herself. . . .

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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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Pleading Code In Poetry.

18 Saturday Apr 2015

Posted by Celia C. Elwell, RP in Civil Procedure, Federal Civil Procedure, Legal Writing, Legalese, Plain Language, Pleadings

≈ Comments Off on Pleading Code In Poetry.

Tags

Edgar Allen Poe, Legalese, Mark Cooney, Michigan Bar Journal, Plain English, Plain English Subcommittee, Pleading Code, Pleadings

The Pleading, by Mark Cooney, Plain Language, 94 Mich. B.J. 3, 42 (March 2015)

Click to access pdf4article2583.pdf

Another article from the Plain English Subcommittee of the Michigan Bar Journal. As always, each article makes a case for using plain English in legal writing. This group has been, and remains, a strong proponent for elegant legal writing without legalese.

This selection is a clever take off Edgar Allen Poe’s poem, The Raven, that cautions the reader against writing pleadings with stuffy, archaic language. Its author, editor in chief of The Scribes Journal of Legal Writing and author of Sketches on Legal Style, Mark Cooney, is a legal writing professor at Western Michigan University Cooley Law School. -CCE

Once upon a docket dreary, as I pondered
after hearings,
Over many a curious case then pending
with the busy court,
While I read, attention sapping, suddenly
there came a tapping,
As of someone gently rapping, rapping at
my chambers door.
‘Tis my clerk again,’ I grumbled, ‘tapping
on my chambers door—
Oh, yet another matter more.’

Pausing just a moment further, bracing
for the fresh-faced fervor,
Up I turned my heavy head to bid my
clerk in through the door.
In he stepped with youthful stride,
brand-new filing at his side,
Still another motion coming briskly
through my chambers door—
A docket full and motions more, another
through my chambers door—
Coming through my chambers door. . . .

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