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Tag Archives: Brief Writing

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.

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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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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.

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

18 Wednesday Dec 2013

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Discovery, Evidence, Legal Writing, Motions

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

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(Lady) Legal Writer, Brief Writing, Evidence, Legal Writing, Megan E. Boyd

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

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

07 Saturday Dec 2013

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

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Brief Right, Brief Writing, Kelly Griffis, Legal Writing

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

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Great Blog on Brief Writing!

25 Monday Nov 2013

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

≈ Comments Off on Great Blog on Brief Writing!

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Brief Right, Brief Writing, Court Rules, Joe Billy McDade, Kirby Griffis, Legal Writing

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.

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

17 Sunday Nov 2013

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

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

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Bad Legal Writing, Brief Writing, Kenneth F. Oettle, Legal Writing, New Jersey Law Journal, Sills Cummis & Gross

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.

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Strong Openings Make A Difference

13 Wednesday Nov 2013

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

≈ Comments Off on Strong Openings Make A Difference

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Brief Writing, Kenneth F. Oettle, Legal Writing, New Jersey Law Journal, P.C., Sills Cummis & Gross P.C.

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

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An Excellent and Persuasive Legal Writing Tool – Parentheticals

09 Saturday Nov 2013

Posted by Celia C. Elwell, RP in Brief Writing, Case Law, Citations, Legal Writing, Trial Tips and Techniques

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

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Brief Writing, Citations, Legal Writing, Parentheticals, Raymond Ward, the (new) legal writer

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

http://bit.ly/1a8Hudm

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What should good briefs and movie trailers have in common?

24 Thursday Oct 2013

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

≈ Comments Off on What should good briefs and movie trailers have in common?

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Brief Writing, Legal Writing, Raymond Ward

What can brief-writers learn from movie trailers?, by Raymond Ward, the (new) legal writer
http://bit.ly/1fVRyLG

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Appellate Practice Primer for the 10th Circuit Court of Appeals

22 Tuesday Oct 2013

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

≈ Comments Off on Appellate Practice Primer for the 10th Circuit Court of Appeals

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10th Circuit Court of Appeals, Appellate Procedure, Brief Writing, Legal Writing

Federal Appellate Practice Primer, by Sarah Lee Gossett Parrish, Oklahoma Bar Journal
http://bit.ly/1eHy7TD

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Good legal writing tells your client’s story

17 Thursday Oct 2013

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

≈ Comments Off on Good legal writing tells your client’s story

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Brief Writing, David Masters, Legal Writing

Hook your readers with a damn good story, by David Masters, Inkably – tell better stories blog
http://inkably.com/damn-good-story/

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Legal Writing

13 Sunday Oct 2013

Posted by Celia C. Elwell, RP in Brief Writing, Citations, Court Orders, Legal Writing

≈ Comments Off on Legal Writing

Tags

Brief Writing, Citations, Court Orders, Legal Writing

A Manual for Writing Legal Opinions, Legal Skills Prof Blog
http://bit.ly/1cdVyDb

How U.S. Fifth Circuit Read Briefs, by Raymond Ward, Louisiana Civil Appeals Blog
http://bit.ly/16waJGQ
(Also mentioned by Jeff Richardson in his post on iPhone J.D. Blog under Legal Technology.)

How Many Cases Should I Cite?, by Legal Writing Prof, Legal Writing Prof Blog
http://bit.ly/16vykHJ

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