17 Tuesday Feb 2015
Posted in Bad Legal Writing, Boilerplate Forms, Boilerplate Forms, Contract Law, Legal Writing, Legalese
≈ Comments Off on “Know All Men By These Presents” — Who’s Getting All The Gifts?
Presents? Thank You Very — Oh, by Raymond Ward, the (new) legal writer blog
http://raymondpward.typepad.com/newlegalwriter/2012/01/presents-thank-you-very-oh.html
Every time I see the silly phrase ‘Know all men by these presents,’ I think of Christmas. Perhaps a statement the Magi wanted to make about their presents for the Christ child. Nevertheless, I’m no expert on drafting contracts: on that subject, I defer to Ken Adams, who riffs on the silly phrase in this post.
Can I get a witnesseth?
13 Saturday Dec 2014
Posted in Appellate Writing, Bad Legal Writing, Brief Writing, Editing, Jury Instructions, Legal Argument, Legal Writing, Readability, Statement of Facts, Summary of the Argument
≈ Comments Off on In Legal Writing, Why Less Really Is More. Really, Really.
Less is more. Really. by Raymond Ward, the (new) legal writer blog
If you really have the goods, modesty is more effective than piling it on. Mark Herrmann explains this principle.
27 Thursday Nov 2014
Posted in 9th Circuit Court of Appeals, Appellate Law, Appellate Writing, Brief Writing, Editing, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Propositions and Headings, Readability, Statement of Facts, Summary of the Argument, Table of Authorities
≈ Comments Off on Appellate Legal Writing – This Is How You Do It.
Tags
A Writ In Time, Appellate Writing, Bridging the Gap Seminar, Chief Judge Alex Kozinski, Free CLE Materials and Forms, Legal Writing, Louisiana Civil Appeals Blog, Moot Court, Raymond P. Ward, the (new) legal writer blog
Free La. Appellate CLE Materials, by Raymond P. Ward, Louisiana Civil Appeals Blog
Here’s something you don’t see everyday – a top-notch lawyer generously sharing everything juicy in his CLE presentation. I am a long-time follower of Mr. Ward’s blogs. I strongly recommend this blog, as well as his other blog, the [new] legal writer blog at http://raymondpward.typepad.com/newlegalwriter/.
Notice how the propositions further the appellate brief’s argument to the court. They are not simply “The Court Should Grant Summary Judgment to Plaintiff” or something equally bland. Likewise, the propositions are not more than one sentence.
The Statement of the Case is less than one page. The writer doesn’t bog the Court down with unnecessary facts. You can look, but you will not find even a whiff of legalese.
Please pay attention when you read the materials and each sample document (thank you for including them!). Notice that no words are wasted. There is a reason why.
Notice the word choice, the size of the sentences and paragraphs, and the crafting of the propositions and subheadings. The persuasive argument is easy to follow. The writer keeps the reader’s attention – an absolute must for anything you write.
Do you aspire to be a good writer? Write like this. -CCE
This morning [October 28, 2014], I presented an hour of CLE on appellate practice for the Louisiana State Bar Association’s ‘Bridging the Gap’ seminar, a program for newly minted lawyers who passed the February 2014 bar exam. For attendees and anyone else who may be interested, here are some supplemental materials used or discussed in the presentation:
- My written materials
- A PDF copy of my PowerPoint presentation
- My article A Writ in Time, 51 La. B.J. 338 (Feb.–Mar. 2004)
- Two entertaining and informative articles by Chief Judge Alex Kozinski of the U.S. Ninth Circuit:
- In Praise of Moot Court—Not!, in which Judge Kozinski discusses the differences between law-school moot-court competitions and real-world appellate practice
- The Wrong Stuff, in which Judge Kozinski offers tips to help you lose your next appeal
For reasons discussed at the seminar and elsewhere, I recommend against over-reliance on forms. With that caution stated—and with no warranties—I offer some samples of pleadings and briefs, all in PDF:
14 Friday Nov 2014
Posted in Appellate Writing, Bad Legal Writing, Brief Writing, Legal Analysis, Legal Argument, Legal Writing, Readability
≈ Comments Off on Improve Your Brief With The Curse of Knowledge Test.
Tags
Appellate Writing, Brief Writing, Bryan Garner, Legal Writing, Mark Herrmann, Raymond Ward, Steven Pinker, the (new) legal writer blog
The Curse Of Knowledge: The Root Of Incomprehensible Writing, by Raymond P. Ward, the [new] legal writer blog
Bryan Garner tells participants in his seminars that good writing makes the reader feel smart, while bad writing makes the reader feel stupid. What is the root of this kind of bad writing? Mark Herrmann has an idea about that, drawn from cognitive scientist Steven Pinker: we think that our readers already know what we are trying to tell them. Pinker calls this phenomenon ‘the curse of knowledge.’
So what is the cure for this affliction? Herrmann recommends empathy for the reader. ‘Put yourself in the reader’s state of ignorance,’ he counsels, “and write for that audience.’ Pinker suggests testing your draft on people who don’t already know what you’re trying to tell them:
A better way to exorcise the curse of knowledge is to close the loop, as the engineers say, and get a feedback signal from the world of readers—that is, show a draft to some people who are similar to your intended audience and find out whether they can follow it. Social psychologists have found that we are overconfident, sometimes to the point of delusion, about our ability to infer what other people think, even the people who are closest to us. Only when we ask those people do we discover that what’s obvious to us isn’t obvious to them.
Garner has a similar recommendation in The Winning Brief, at least for cases where the amount at stake is worth the expense: Convene a focus group of lawyers unfamiliar with the case to play the part of appellate judges by reading and reacting to your draft brief. This exercise has many benefits. One of them is to tell you whether the curse of knowledge has infected your brief.
24 Monday Feb 2014
Posted in Bad Legal Writing, Brief Writing, Legal Writing, Legalese, Litigation, Trial Tips and Techniques
≈ Comments Off on Litigator’s Self-Assessment Legal Writing Test.
Tags
Above the Law (blog), Comes Now, Hereinafter, Litigator's Self-Assessment Test, Mark Herrmann, Raymond Ward, the (new) legal writer blog, Thereof
Are You A Crappy Litigator? A Self-Assessment Test! by Mark Herrmann, Above The Law Blog (with hat tip to Raymond Ward at the (new) legal writer blog!)
http://abovethelaw.com/2014/02/are-you-a-crappy-litigator-a-self-assessment-test/
Not exactly the words I would choose to make the point, but I agree that the emphasis on short, clear sentences and paragraphs is more persuasive. -CCE
It’s so hard to judge yourself.
Deep in your soul you know that people who criticize you are idiots, and people who praise you are wise and sagacious.
How can you possibly tell if you’re any good at what you do?
I have the answer for you! I’ve created a litigators’ self-assessment test! Now you’ll know if you’re any good!
Here’s how it works: Take out the last brief you filed.
Do it. Now. You won’t learn anything if you don’t follow the rules. . . .
25 Saturday Jan 2014
Posted in Legal Writing
≈ Comments Off on Writing Well When In A Crunch.
Tags
Deadlines, Legal Writing, Professor Anna P. Hemingway, Professor Jennifer M. Lear, Raymond Ward, the (new) legal writer blog
Quality Writing On A Tight Deadline, by Raymond Ward, the (new) legal writer blog
Writing a project at the last minute? What us? Goodness gracious, never! But, it might not hurt to take a peek, just in case. -CCE
The Researching Paralegal 
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