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Tag Archives: Legal Skills Prof Blog

Professor Lou Sirico, Jr. – A Tribute.

05 Saturday Jan 2019

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

≈ Comments Off on Professor Lou Sirico, Jr. – A Tribute.

Tags

Legal Skills Prof Blog, Professor James Levy, Professor Lou Sirico

I have a collection of favorite legal writing books. Among them is a much-loved, dog-eared, and highlighted book, Persuasive Legal Writing, by Professor Lou Sirico, Jr.

Some years ago, I saw that Professor Sirico was co-editor of the Legal Skills Prof Blog, and became an immediate faithful follower. You will find many references to his posts here at this website. His writing speaks for itself.

Sadly, this extraordinary man passed away on December 26, 2018 from cancer, and this great loss warrants note and the remembrance by someone who knew him well. With his permission, I share this January 2, 2019 post by Professor James Levy, a long-time friend of Professor Lou Sirico and co-editor of the Legal Skills Prof Blog.

https://lawprofessors.typepad.com/legal_skills/2019/01/more-about-professor-lou-sirico.html

It’s been a week since Lou, the co-editor of this blog and a friend and mentor to so many, colleagues and students alike, passed away. I haven’t posted on the blog since then out of respect for Lou’s memory and because I was waiting to find the right words to express what Lou meant to the people who knew him. But after a week I’m still at a loss to adequately describe his contributions. Instead, let me elaborate a bit on my earlier post while sharing some observations and anecdotes that speak to the kind of person Lou was and the many ways he helped others.

The first thought that comes to mind when I think about Lou is that he was one of the most authentic, genuine people I’ve ever met. I recently had the good fortune to spend a year as a visiting professor at the United States Air Force Academy in Colorado Springs (where, ironically enough, one of Lou’s former Villanova students was a JAG officer and professor in the law department) and the Air Force officers I met there, who I greatly admired, reminded me a lot of Lou. What they all have in common is their humility, putting service above self, trustworthiness, loyalty and honor. Lou didn’t have much of a social media presence, and he wasn’t one to tout his own accomplishments so many readers might not realize how much he devoted himself to the service of others. From organizing writing workshops that helped colleagues with their scholarship, to taking leadership positions in AALS, LWI and similar groups, to serving as EIC of the Journal of LWI and on the editorial board of Perspectives, Lou was the kind of guy that if he saw an opportunity to contribute to the profession, he was the first to raise his hand to volunteer. On an individual level, if you needed personal or career advice, he would always lend a patient ear and offer his sage wisdom. And he continued to serve others well into the latter phase of his career when most people are either slowing down or withdrawing altogether from such activities. Lou continued to serve others even when dealing with very serious health issues that for anyone else would have been good reason to dial it back. But Lou was always a work-horse and never a show-horse.

When Lou made a commitment to something, he meant it and kept his word. Take this blog, for example. When Lou agreed to help me start it in 2010, he was committing to blogging nearly every day for more than 8 years. Think about how many other blogs and bloggers have come and gone in that time. I’d like to think Lou continued to blog all these years, even in sickness, because he enjoyed it or found it satisfying, but I also know that he did it because he was a man of his word who honored his commitments. Related to that, Lou was a man of great integrity as evidenced by his decision to resign from an editorial board in protest over the mistreatment of a colleague.

For all these reasons (and more), many years ago I nominated Lou for the Blackwell Award which is given to the legal writing prof who makes an outstanding contribution to the discipline. By the time I’d nominated Lou for the award, I’d known him for more than ten years. During that time, I’d heard some colleagues pronounce his last name “sear-ah-coh,” though I had always pronounced it “sur-ree-coh,” like the famous Watergate judge. Since Lou never corrected me, I assumed I had it right. But during the Blackwell speech I gave on Lou’s behalf at AALS that year, I asked Lou from across the room “have I been pronouncing your name wrong all these years?” Lou sheepishly nodded “yes.” I later realized that Lou would rather endure the mangling of his last name than possibly embarrass someone by correcting them. In other words, another example of Lou putting the feelings of others ahead of his own.

When my mother passed away about a year or two after that, I was about to take over as EIC of J. Legal Writing, a job that Lou had also previously done. Lou was the first person I called for advice because I was thinking about quitting. Lou counselled me not to make any hasty decisions about important life choices like jobs, relationships, etc. following a traumatic event like the death of a parent. Instead, he told me to wait at least a year to put some distance between my mother’s death and any decision about the EIC job. During our last phone call several weeks ago, I reminded Lou of that conversation – which he remembered well – and how I’d been able to pay it forward to others in the intervening years. Yet another example of Lou’s continued service. And during our last phone call, I got emotional when Lou said he likely had less than a year due to the cancer diagnosis. Lou reassured me that he’d made peace with his situation and in so doing was clearly trying to protect my feelings a bit too.

Tom Brokaw called the generation that fought in World War II the “Greatest Generation” because of their dedication to service above self, being committed to a cause larger than oneself and their collective strength of character. Lou was born too late to be part of the “Greatest Generation” in terms of demographics. But in terms of ethos and the way he lived his life, that’s exactly who he was and why we won’t see the likes of Lou Sirico again.

Rest in peace.

(jbl).

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Focus!

06 Thursday Sep 2018

Posted by Celia C. Elwell, RP in Law Office Management, Office Procedures, Time Management

≈ Comments Off on Focus!

Tags

Chris Bailey, Legal Skills Prof Blog, Multi-Tasking, Scott Fruehwald, Time Management

New Book on Attention Focusing, by Scott Fruehwald, Legal Skills Prof Blog

http://lawprofessors.typepad.com/legal_skills/2018/09/new-book-on-attention-focusing.html

In the legal profession, multi-tasking is considered a required skill for attorneys and staff alike. Depending on the project, there are times when I want – or need – a chunk of uninterrupted time to perform that particular task. At other times, I can easily juggle several things at once. It depends on the task and how many distractions are competing for my attention.

There is an opposite point of view that multi-tasking is a myth. Rather than multi-tasking, they advocate that focusing on one thing at a time is the most efficient use of your time.

This difference of opinion about multi-tasking is why this post caught my eye. We all have days when we wonder whether our brain cells decided to commit mass suicide without warning us. Conversely, there are times when we are solidly in the zone and knock out one assignment after the other.

Professor Fruehwald’s post tweaked my curiosity about a person’s short-term memory and how it works, as well as the title of Chris Bailey’s book, “Hyperfocus: How to Be More Productive in a World of Distraction.” Looks like an excellent read. -CCE

One of the most important aspects of being an effective learner is attention focusing.  Short-term memory has only about 4 to 7 slots, and an effective learner focuses her attention on the task at hand.  Chris Bailey has just published a self-help book on attention focusing for a popular audience: Hyperfocus: How to Be More Productive in a World of Distraction (2018).

From the New York Times:

‘Hyperfocus’ teaches readers to control their limited capacity to focus on and process things in the moment, which he calls our ‘attentional space.’ It turns out our brain’s scratchpad is pretty small and can only hold a handful of tasks at a time. When one of those tasks is complex — like putting together a business proposal or taking care of a toddler — that number dwindles down to one or two.

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Style Guide for the United States Supreme Court.

06 Wednesday Dec 2017

Posted by Celia C. Elwell, RP in Appellate Law, Appellate Writing, Citations, Citations to the Record, Court Rules, Courts, E-Briefs, E-Filing, Federal District Court Rules, Legal Writing, Local Rules, State Appellate Courts, Style Manuals

≈ Comments Off on Style Guide for the United States Supreme Court.

Tags

Legal Skills Prof Blog, Louis J. Sirico Jr., U.S. Supreme Court Style Guide

The U.S. Supreme Court’s Style Guide, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://bit.ly/2jnq60t

When I was starting out in my paralegal career, I created cheat sheets for filing motions and briefs in state and federal district courts. The rules, especially for federal circuit court briefs, are complex and require checking multiple sections, local rules, e-filing rules, and your judge’s personal court rules (if any exist). I found these cheat sheets were the most popular handouts at my legal writing courses and paralegal seminars, and included them in the Appendix of Practical Legal Writing for Legal Assistants.

Regardless of where you are in your paralegal career, I recommend creating a similar cheat sheet for yourself. Updating your cheat sheet when the rules change force you to examine every addition or revision. Keeping your cheat sheet current will reinforce the rules in your mind, and will help you stay on top of your game.

When it came to analyzing rules for the U.S. Supreme Court, I passed. I left it to the professionals who format and print these briefs for a living. Now, at last, the U.S. Supreme Court’s Style Guide is available for all. -CCE

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Using Intensifiers Is A Very Bad Horrible Writing Habit.

19 Saturday Aug 2017

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

≈ Comments Off on Using Intensifiers Is A Very Bad Horrible Writing Habit.

Tags

Grammar, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr.

Avoid Intensifiers in Your Writing, by Louis J. Sirocco, Jr., Legal Skills Prof Blog

http://bit.ly/2x1Ay34

This is a legal writing lesson I know and have taught, but I am guilty of this bad writing habit all the same. It reminds me never to be complacent about word choice.  -CCE

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“How To” On Drafting Dispute Resolution Agreements.

25 Sunday Dec 2016

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

≈ Comments Off on “How To” On Drafting Dispute Resolution Agreements.

Tags

Dispute Resolution, John M. Newman, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Settlement Agreements, SSRN

Drafting for Dispute Resolution, by John M. Newman, SSRN (with hat tip to Louis J. Sirico, Jr., Director of Legal Writing, Villanova Univ. School of Law, Legal Skills Prof Blog)

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2867692

Not all cases end in litigation and go to trial. At times, the best service counsel can give to clients is an out-of-court resolution. Careful drafting of an agreement between the parties includes numerous considerations to protect your client and to assure acceptance by everyone involved. Definitely worth a bookmark. -CCE

This is a brief guide to drafting for dispute resolution. Topics covered include mandatory-arbitration provisions, class waivers, choice of law, choice of venue, exculpatory and liquidated-damages clauses, fee and cost allocations, and more. . . .

This guide seeks to concisely identify and explore, from a transactional perspective, the relevant questions, considerations, and law relating to these powerful tools. It also provides illustrative examples of well-drafted provisions, often drawn from real-world legal instruments. . . .

Continue reading →

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What To Say and How to Say It When We All Can’t Get Along.

13 Sunday Nov 2016

Posted by Celia C. Elwell, RP in Mediation, Negotiation Skills, Settlement

≈ Comments Off on What To Say and How to Say It When We All Can’t Get Along.

Tags

Legal Skills Prof Blog, Louis J. Sirico Jr., Negotiation Skills

The Delicate Art of Confronting Offensive Speech, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://bit.ly/2eR3uAw

Whether you are negotiating a settlement, trying to calm a stressed-out client, or talking about the recent election season, this is good advice. -CCE

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How Long Is Too Long? Lawyers and Judges Disagree.

20 Thursday Oct 2016

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

≈ 2 Comments

Tags

Briefs, James B. Levy, Legal Skills Prof Blog, Legal Writing, Page Number Limit

Judges Want Briefs to Be Shorter but Lawyers Push Back, by James B. Levy, Legal Skills Prof Blog

http://bit.ly/2dQjl5R

Often courts have local rules limiting the length of a brief. Have you ever wondered why? In everything you’ve ever heard or read about good legal writing, can you imagine a judge saying this?

“Yes, please, write a long, detailed brief. Use as many obscure legal authorities as possible. I  have loads of time and plenty of staff to look up each one. Repeat your argument several times to make sure I know how important it is. Above all, make it as hard to read as possible.

I want lengthy quotations. Ideally, make them at least a page long, if not longer. One sentence paragraphs are the best! And by all means, pile on the legalese. Verbosity and obscure language is always appreciated.”

Of course not. They simply do not have the luxury of time to read huge briefs, especially if they are poorly written. I have said before that, while working for an Oklahoma Supreme Court Justice, I literally saw a bad brief go flying across the room. The Judge, in disgust, tossed it aside, and picked up the other side’s brief. Ouch! -CCE

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The Quintessential Contract Drafting Checklist.

23 Saturday Jul 2016

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

≈ Comments Off on The Quintessential Contract Drafting Checklist.

Tags

Contracts, Glen D. West, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., State Bar of Texas In-House Counsel Course, William P. Statsky

A Contract Drafting Checklist, posted by Louis J. Sirico, Jr., Director of Legal Writing, Professor of Law, Villa Nova University School of Law, Legal Skills Prof Blog (with hat tip to William P. Statsky)

http://lawprofessors.typepad.com/legal_skills/2016/07/a-contract-drafting-checklist.html

This is a gem.  It is specifically targeted for anyone interested in contract law. If contract law is not your area, I encourage you to read it anyway – and bookmark it. -CCE

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Tell Your Client’s Story With A Good Narrative.

19 Sunday Jun 2016

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

≈ Comments Off on Tell Your Client’s Story With A Good Narrative.

Tags

Karen Sneddon, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Narrative Techniques, Oklahoma Law Review, Susan Chesler

Using Narrative in Transactional Documents, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://bit.ly/26buQ9Y

Susan Chesler and Karen Sneddon have written a very interesting article on including narrative in transactional documents. Once Upon a Transaction: Narrative Techniques and Drafting, 68 Oklahoma Law Review No. 2 (2016).

Here is the introduction:  A granddaughter joins the family business as a partner. An entrepreneur licenses his newest product. Two parties decide to settle a dispute. A charitable idea materializes as a private foundation. A parent’s belief in the power of education is perpetuated by a trust agreement. Each of these events forms a narrative. A transaction is more than the scratch of pens across signature pages or the click of keys to email an executed document. A transaction is itself a story.

Continue reading →

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What’s It Like In Your Judge’s Shoes?

03 Friday Jun 2016

Posted by Celia C. Elwell, RP in Brief Writing, Legal Argument, Legal Writing, Legalese, Persuasive Writing, Readability

≈ Comments Off on What’s It Like In Your Judge’s Shoes?

Tags

Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Persuasive Writing, Sherri Lee Keene

Advice on Writing to Persuade the Court, by Louis J. Sirico, Jr., Legal Skills Prof Blog (with hat tip to William P. Statsky)

http://lawprofessors.typepad.com/legal_skills/2016/06/advice-on-writing-to-persuade-the-court.html

In her article, Standing in the Judge’s Shoes: Exploring Techniques to Help Legal Writers More Fully Address the Needs of Their Audience, Sherri Lee Keene argues that lawyers writing as advocates need to place themselves in the shoes of the judges whom they seek to persuade. Of course, this is not new advice. What is helpful here is her advice on how to do it.

Continue reading →

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Brief Writing – The Summary of the Argument.

13 Sunday Mar 2016

Posted by Celia C. Elwell, RP in Bad Legal Writing, Brief Writing, Legal Analysis, Legal Argument, Legal Writing, Persuasive Writing, Summary of the Argument

≈ Comments Off on Brief Writing – The Summary of the Argument.

Tags

Judith Fischer, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., Summary of the Argument

Drafting the Summary of Argument, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://lawprofessors.typepad.com/legal_skills/2016/03/drafting-the-summary-of-argument.html

Although not all courts require a “Summary of the Argument” in major briefs, you might consider adding one nonetheless. It is the heart of your brief. It concisely sums up your argument – no fluff allowed.

Some busy judges will read your Table of Contents, Table of Authorities, the Summary of the Argument, and nothing else. It is why the Summary of the Argument is at the beginning of a brief, and why it should to get right to the point and stay there.

This is a particularly interesting article on writing by Judith Fischer, and well worth your time regardless of your brief writing skills. -CCE

[B]ecause the summary of the argument appears near the beginning of a brief, it allows the legal advocate to take advantage of both framing and priming to begin to convince the Court. Thus, it’s a mistake for an advocate to treat the section as an afterthought. . . .

Continue reading →

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Take Notes By Hand, Not On A Laptop, To Improve Your Memory Retention.

11 Sunday Oct 2015

Posted by Celia C. Elwell, RP in Note Taking, Office Procedures

≈ Comments Off on Take Notes By Hand, Not On A Laptop, To Improve Your Memory Retention.

Tags

James B. Levy, Legal Skills Prof Blog, Note Taking

New Study Finds Taking Notes By Hand “Significantly Improves” Word Recall Compared To Typing, by James B. Levy, Legal Skills Prof Blog

http://tinyurl.com/phpn429

In the old days before laptops and other digital devices were the norm, we took notes by hand. When I took notes rather than observing and listening in a hearing, meeting, or at trial, I thought it helped me to notice more details that stuck in my memory. I have not had the opportunity to use a laptop or other digital device to take notes.  I cannot say whether handwriting or typing improve memory retention. But it is an interesting idea. -CCE

The study was conducted by a team that includes Professor Anne Mangen (U. Stavanger, Norway) who is one of the foremost researchers studying the effect of hardcopy versus screens on comprehension and retention of information.  This new study is called Handwriting versus Keyboard Writing: Effect on Word Recall  and is available at 7(2) Journal of Writing Research 227 (2015) and can also be accessed online here. . . .

Continue reading →

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How To Avoid The Emails We Wish We Had Never Sent.

25 Saturday Jul 2015

Posted by Celia C. Elwell, RP in Emails, Law Office Management, Legal Technology, Technology

≈ Comments Off on How To Avoid The Emails We Wish We Had Never Sent.

Tags

Email, James B. Levy, Legal Skills Prof Blog, Legal Tips & Technology

Tech Tip Of The Day: Add A Two Minute Delay To Sending Emails, by James B. Levy, Legal Skills Prof Blog 

http://tinyurl.com/oub7e74

This is a great tech tip from the Harvard Business Review blog that most of us should probably implement. It involves programming your email account to wait two minutes before each message is sent. It’s a great fail safe measure to prevent those emails we regret as soon as they’re sent and the typos (and omitted attachments) we don’t catch until it’s too late. . . .

Continue reading →

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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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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.

Tags

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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A Special Treat For Civil Procedure Geeks.

14 Tuesday Apr 2015

Posted by Celia C. Elwell, RP in Civil Procedure, Federal Civil Procedure

≈ Comments Off on A Special Treat For Civil Procedure Geeks.

Tags

Common Law, David L. Noll, Equity Law, Federal Rules of Civil Procedure, Legal Skills Prof Blog, Louis J. Sirico Jr., SSRN, Writs

A Reader’s Guide to Pre-Modern Procedure, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://tinyurl.com/lqodu5n

In this short article, David Noll explains procedural terms with which students often are unfamiliar. These terms predate the Federal Rules of Civil Procedure, which most Civil Procedure classes seem to pass over.

These terms, like ‘demurrer’ and ‘nonsuit,’ may pop up not only in old court cases that students may study, but also in state court procedural rules. . . .

Continue reading →

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Are Shorter Appellate Briefs Better? Appellate Judges Seem To Think So.

15 Sunday Mar 2015

Posted by Celia C. Elwell, RP in Appellate Law, Appellate Writing, Brief Writing, Editing, Legal Analysis, Legal Argument, Legal Writing, Plain Language, Proofreading, Readability

≈ Comments Off on Are Shorter Appellate Briefs Better? Appellate Judges Seem To Think So.

Tags

Appellate Brief Writing, Appellate Judges, James B. Levy, Legal Skills Prof Blog, Legal Writing, Louis J. Sirico Jr., The Wall Street Journal Law Blog

Federal Appellate Judges Want To Shorten The Length of Briefs, Lawyers Object, by Professor James B. Levy, Legal Skills Prof Blog

http://tinyurl.com/m3s85z2

If an appeal is extremely complex, would a reduction in the size of a brief compromise the ability of a party to win an appeal to a federal appellate court? Apparently, appellate judges do not think so.

Before making up your mind, please read Professor Sirico’s posts, also included by Professor Levy in his original post. It may not be a question of length, but experience. What do you think? -CCE

The Wall Street Journal Law Blog has posted this story about the reaction by many appellate attorneys to a proposal that would reduce the word count on federal appellate briefs under the federal rules of appellate practice from 14,000 to 12,500. (Interestingly, my co-blogger Professor Sirico reported last month on a new study (and here) that supports the lawyers’ objections to the proposed rule change insofar as the study found that longer briefs filed by appellants ‘strongly’ correlates with success on appeal. However, the authors of the study cautioned against inferring that it is word count, rather than the complexity of the underlying issues which may require more thorough explanations, that explains the correlation). . . .

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A Valuable Cache of Legal Writing Articles by George Gopen.

08 Sunday Mar 2015

Posted by Celia C. Elwell, RP in Brief Writing, Editing, Legal Analysis, Legal Argument, Legal Writing, Readability, Recent Links and Articles, Style Manuals

≈ Comments Off on A Valuable Cache of Legal Writing Articles by George Gopen.

Tags

George Gopen, Legal Skills Prof Blog, Legal Writing, Litigation, Louis J. Sirico Jr.

Excellent Legal Writing Articles by George Gopen, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://tinyurl.com/psygoox

There are many really superb experts in legal writing. Mr. Sirico is one of them. Mr. Sirico has provided us with a link to not one, but all of Mr. Gopen’s legal writing articles published in Litigation since 2011 to date. Do not lose this, and save under “must read”! -CCE

George Gopen has been writing columns on legal writing for “Litigation,” the magazine of the ABA Section on Litigation. You can access them here.

I cannot speak too highly of George’s work. Years ago, I attended one of his workshops and discovered a new way to think about writing. I have passed the lessons down to my students, and now, even years after they graduate, they tell me how greatly those lessons transformed their writing and contributed to their success.

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We Have Proof! Clients Really Do Prefer Plain Language Over Legalese.

04 Wednesday Mar 2015

Posted by Celia C. Elwell, RP in Legal Writing, Legalese, Plain Language

≈ Comments Off on We Have Proof! Clients Really Do Prefer Plain Language Over Legalese.

Tags

Christopher Trudeau, Legal Skills Prof Blog, Legal Writing, Legalese, Louis J. Sirico Jr., Plain English, The Scribes Journal of Legal Writing

Does Plain English Make a Difference to Clients?, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://tinyurl.com/mgf49tn

According to an empirical study by Christopher Trudeau, the answer is yes. I think his 2012 article deserves greater attention–The Public Speaks: An Empirical Study of Legal Communication, 14 The Scribes Journal of Legal Writing 121 (2012) (here).

In a carefully designed study, subjects compared passages written in plain English and similar passages that contained the failures that plain English attempts to eliminate. The study provides a good bit of valuable information. It also results in 10 practical pointers.

First, do not underestimate the importance of oral communication. Over half of all respondents preferred some type of oral communication to written communication.

Second, deliver written documents electronically even when you must send a hard copy.

Third, use clear, understandable written communication.

Fourth, do not assume that all readers will understand commonly used legal terms. Instead, define these terms if you must use them.

Fifth, avoid complicated terms and Latin words. They generally bothered or annoyed nearly seven out of ten clients.

Sixth, prefer the active voice. Respondents preferred it almost 70% of the time — and clients at a higher rate than non-clients.

Seventh, avoid multi-word prepositions like pursuant to and prior to and with regard to. They are among the worst aspects of legalese.

Eighth, remember that the more confusing the sentences become, the more likely that a reader will prefer plain language.

Ninth — and this needs to be proclaimed repeatedly, ceaselessly— the vast majority of clients and non-clients prefer plain language. For the choice-of-language questions, readers chose the plain-language version 80% of the time.

Finally, use plain language no matter what the reader’s educational level. Contrary to my original theory, as the level increased, so did the respondent’s preference for plain language.

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Rewrite Legalese – This Is How You Do It.

15 Thursday Jan 2015

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

≈ Comments Off on Rewrite Legalese – This Is How You Do It.

Tags

Joseph Kimble, Legal Skills Prof Blog, Legalese, Louis J. Sirico Jr., Plain English, Plain English Movement, William P. Statsky

Examples: Translating Legalese into Plain English, by Louis J. Sirico, Jr., Legal Skills Prof, Legal Skills Prof Blog (with hat tip to William P. Statsky!)

http://lawprofessors.typepad.com/legal_skills/2015/01/examples-translating-legalese-into-plain-english.html

Having problems rewriting legalese into understandable plain English? Use these excellent examples from Joseph Kimble, one of the legal writing giants, posted by another great legal writing expert, Louis J. Sirico, Jr. – CCE

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Have Law Schools and Bar Exams Dropped The Ball On Legal Research?

04 Sunday Jan 2015

Posted by Celia C. Elwell, RP in Recent Links and Articles

≈ Comments Off on Have Law Schools and Bar Exams Dropped The Ball On Legal Research?

Tags

Advanced Legal Research, James B. Levy, Legal Analysis, Legal Research, Legal Skills Prof Blog, Professor Patrick Meyer, State Bar Exam, Thomson Reuters

The Legal Research Skills New Attorneys Need For Practice, by James B. Levy, Legal Skills Prof Blog

http://tinyurl.com/kjgceba

Knowing how to use book s is still one of them according to a new article by Professor Patrick Meyer, Director of the Law Library at Detroit Mercy School of Law.  The article, called Law Firm Legal Research Requirements and the Legal Academy Beyond Carnegie, is available at 35 Whittier L. Rev. 419 (2014). From the introduction:

According to quantitative research conducted by Thomson West (now Thomson Reuters), new associate attorneys can expect to spend 45% of their time conducting research. Yet despite this high percentage, criticism of the research abilities of new associates persists. . . .

There have been a handful of important recent studies on practice skills that post-date the Carnegie Report, and they are reviewed in this article. All of these studies support a stronger emphasis on legal research training in law schools, and all but one either suggest, or directly call for, an integrated approach where some tasks are taught in both the online and print formats. All but one of these studies surveyed practicing attorneys. . . . All of these studies show that legal academia must devote more time to teaching legal research, and all but one support my conclusions: that attorneys still use books to conduct research, book usage occurs much more than most people think, and law schools need to teach both online and print-based research for some tasks.

New attorneys frequently lack basic knowledge of how to use research resources, yet this knowledge is the link between legal research and legal analysis. . . In short, law schools can do a better job at teaching legal research.

Part II of this article begins with a brief review of the history of legal research deficiencies in the law firm setting and progresses to a summary of several new studies on law firm research practices and abilities. . . . In Part III, I propose a three-part plan to remedy the lack of research acumen amongst new attorneys. First, law schools must assure that all students receive an appropriate amount of basic research instruction in the first year curriculum, to include some print-based research instruction. Second, Advanced Legal Research must be a required course. Finally, I would like to renew the call to include a research component on each state’s bar exam. [Emphasis added.]

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Using Parentheticals As A Legal Writing Tool.

21 Tuesday Oct 2014

Posted by Celia C. Elwell, RP in Legal Writing, Parentheticals, Recent Links and Articles, String Citations

≈ Comments Off on Using Parentheticals As A Legal Writing Tool.

Tags

Legal Skills Prof Blog, Legal Writing, Nick Wagoner, Parentheticals, String Citations

Parentheticals are an excellent legal writing tool, especially in string citations. They can be used to reinforce a legal argument without a lengthy explanation, like this:

“All cases cited by Defendants are very different from this case. In all of them, the danger was plainly visible. See Transport Indemnity Co. v. Page, 406 P.2d 980 (Okla. 1965)(daytime accident); Haworth v. Mosher, 395 F.2d 566 (10th Cir. 1968)(dust storm on highway clearly visible by approaching motorists); Thur v. Dunkley, 474 P.2d 403 (Okla. 1970)(accident occurred during daylight with ample unobstructed vision from either direction).”

When used incorrectly, they frustrate the reader. In this three-part series, Nick Wagoner illustrates the best, and worst, ways to use parentheticals. –CCE

Guest blogger Nick Wagoner on “Common Parenthetical Pitfalls” [Part 1], by James B. Levy, Editor, Legal Skills Prof Blog

http://tinyurl.com/6qdrg8k

Tips For Writing Better Parentheticals – Part 2, by James B. Levy, Editor, Legal Skills Prof Blog

http://tinyurl.com/6rn6plw

More On Writing Good Parentheticals From Our Guest Blogger Nick Wagoner [Part 3], by James B. Levy, Editor, Legal Skills Prof Blog

http://tinyurl.com/8a3aker

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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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Courtroom Body Language – How to Read It and Use It In Court.

04 Saturday Jan 2014

Posted by Celia C. Elwell, RP in Closing Argument, Cross-Examination, Direct Examination, Experts, Judges, Jury Selection, Opening Argument, Trial Tips and Techniques, Voir Dire, Witness Preparation

≈ Comments Off on Courtroom Body Language – How to Read It and Use It In Court.

Tags

Attorneys, Body Language, Expert Witnesses, Judges, Legal Skills Prof, Legal Skills Prof Blog, Trial Tips and Techniques, Witnesses

Tips For Reading And Managing Courtroom Body Language, by Legal Skills Prof, Legal Skills Prof Blog

http://tinyurl.com/k7uxpr7

The most brilliant trial attorneys seem to have a natural instinct for reading people, knowing intuitively what a nod from a juror or glance from a judge implies. For the rest of us, there’s this handy cheat sheet that breaks down some of the most common body language exhibited in the courtroom. You can use it to modulate your own behavior, train your client, or gain additional insight into opposing counsel, judge and jury.

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