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The Researching Paralegal

Category Archives: Proofreading

Handouts From The Writing Center.

18 Wednesday Jun 2014

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

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

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

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

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

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Proofreaders’ Marks and More.

18 Wednesday Jun 2014

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

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Tags

Legal Writing, Merriam-Webster, Proofreaders' Marks, Writing

Proofreaders’ Marks, by Merriam-Webster Online Chicago Manual of Style Online

http://www.chicagomanualofstyle.org/help-tools/proofreading-marks.html

Unfortunately, the former Merriam Webster Online link to this information no longer works. No worries. There are plenty of other places to find proofreading marks. These are commonly used when editing any type of document in a law office. If you are not familiar with them, I suggest that you print the list for easy reference.

Another excellent website that provides an abundant amount of information, including proofreading marks, grammar and punctuation, dictionaries, and other reference resources is RefDesk.com (https://www.refdesk.com).

If you decide that neither of these are your cup of tea, just search “proofreader marks” with your favorite search engine. -CCE

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

15 Sunday Jun 2014

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

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

Tags

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

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

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

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

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

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

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Writing For The Court – It’s Not All About Content.

15 Sunday Jun 2014

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Readability

≈ Comments Off on Writing For The Court – It’s Not All About Content.

Tags

Brief Writing, BriefRight, Kirby Griffis, Legal Writing

TrialRight Again, by Kirby Griffis, BriefRight

http://briefright.com/trialright-again/

Picture yourself as the judge or the judge’s law clerk. You read briefs and other documents all day. Most are boilerplate language. When someone does have an original thought, the writer ruins it with redundancies and poor grammar and punctuation. 

Imagine the Court’s relief when someone writes a brief that makes a concise legal point supported by correctly formatted citations. This is a short article, but it makes a strong argument for clear writing. -CCE

Last week, I wrote about how some of the principles of briefwriting apply just as strongly to trial practice. There’s another important principle that applies strongly to each. I learned it years ago from an excellent trial lawyer: everything is evidence.

In court, the jurors start to evaluate who in the courtroom they can trust and believe from the moment they first walk through the door, from before voir dire to after closing argument. Their scrutiny is not limited to the content of your formal speeches and witness examinations: it extends to your demeanor as you sit at counsel table, how much you object and when, whether you fumble with exhibits, whether you arrive to court each day in a limo, and everything else that they can see. You must think about all of these things.
Similarly, in your legal briefs, the judge is not just paying attention to content. She is also influenced by how long the brief is, its formatting, its clarity, and many other factors as well. . . .

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Candy For Writers! Grammar Girl’s Editing Checklist.

14 Saturday Jun 2014

Posted by Celia C. Elwell, RP in Legal Writing, Proofreading, Readability, Spell Checking

≈ 1 Comment

Tags

Editing, Grammar, Grammar Girl, Legal Writing, Mignon Fogary, Punctuation, Spellchecking, Writing

Grammar Girl’s Editing Checklist, Mignon Fogary, Grammar Girl Blog

http://tinyurl.com/qy3efup

At the end of a recent writing webcast, we distributed a Grammar Girl editing checklist that turned out to be so popular we decided to make it widely available. Print out the checklist and keep it on your desk as a handy reference to use when you’re editing.

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Best Brief Writing Checklist.

08 Sunday Jun 2014

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

≈ 1 Comment

Tags

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

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

 http://tinyurl.com/lsrzxjy

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

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

Make this your brief writing checklist. -CCE

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The ITS Style Guide – Put This One In Your Legal Writing Toolbox.

02 Monday Jun 2014

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

≈ Comments Off on The ITS Style Guide – Put This One In Your Legal Writing Toolbox.

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Grammar, ITS Style Guide, Legal Writing, Punctuation, The University of Texas at Austin, Writing, Writing Guide, Writing Style

ITS Style Guide, The University of Texas at Austin

http://www.utexas.edu/its/style/written/misused.php

Easy Peasy. Definitely worth a bookmark. -CCE

The ITS Style Guide is an online reference for the Information Technology Services (ITS) department at The University of Texas at Austin. It promotes consistency in ITS publications with a focus on technical communications. The Guide covers correct writing styles, word usage, capitalization, punctuation, and other issues that arise in written communications.

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Appellate Judges Give Advice On Winning An Appeal.

06 Sunday Apr 2014

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

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

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

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

http://tinyurl.com/ousooh9

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

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

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Add This Writing Tool To Your Arsenal.

30 Sunday Mar 2014

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

≈ Comments Off on Add This Writing Tool To Your Arsenal.

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Elizabeth Bezant, Legal Writing, Readability, The Fog Index, The Gunning Fog Index, Writing to Inspire

The Gunning Fog Index, by Elizabeth Bezant, Writing to Inspire Blog

http://www.writing-information-and-tips.com/fog-index.html

If you want to increase the readability of everything you write, consider using the Gunning Fog Index – more commonly known as the Fog Index. It is the copywriter’s favorite statistics measurement. The idea behind the Fog Index is to show you the education level your reader must hypothetically have to understand what the document says.

I am not asking you to “dumb it down.”  But, remember that the goal in any legal writing project is to be understood, regardless of the complexity of the subject. If you are struggle with writing shorter sentence and paragraphs or simply making your writing more readable, this tool will help.

If you teach legal writing or any kind of writing course, encourage your students to use the Fog Index. It can be used by those who seek to improve their writing skills to a more sophisticated level. It can help anyone clarify their writing and write more concisely. But, most importantly, it gives you a way to determine whether what makes sense to you will make sense to anyone else.

Even though lawyers and judges have a high degree of education, when writing about complex issues, it helps to keep your document as simple and clear as possible.  The goal is to keep your Fog Index from ten to fifteen. Major publications, such as the New York Times and Times Magazine, have a Fog Index of eleven to twelve. If your document is meant for a wide audience, go for a Fog Index of less than twelve. If you are writing a document that you want to be universally understood, your target is a Fog Index of less than eight. For example, the Bible’s Fog Index is six.

See also http://gunning-fog-index.com/.

For more readability tests, see http://juicystudio.com/services/readability.php. -CCE

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Proofreading Checklist – Don’t Miss This One!

27 Thursday Mar 2014

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

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

Tags

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

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

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

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

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

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

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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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