What Lawyers and Judges Can Learn About Writing From Great Writers

In “What Great Writers Can Teach Lawyers and Judges: Wisdom from Plato to Mark Twain to Stephen King (Part I),” Douglas E. Abrams discusses what legal writers can take away from good writers. Part I examines master non-lawyer writers on precision and conciseness. According to Abrams, unlike non-lawyer writers, legal writers face a “hostile audience,” i.e., other lawyers, judges, and clerks who read to find weakness in arguments, factual statements, etc. For this reason, precision is critical to withstand such constant critical attack from the “hostile” reader. Precision comes from choosing your words very carefully, meticulous writing, and careful editing.  As for conciseness, no one said it better than Theodore Geisel (aka Dr. Seuss):

“[T]he writer who breeds/more words than he needs/is making a chore/for the reader who reads./That’s why my belief is/the briefer the brief is,/the greater the side/of the reader’s relief is.” 

Too bad Dr. Seuss never wrote a book on Legal Writing.

Briefs & Motions + Embedded Photos = Clear, Effective, and Persuasive

Photographs are not just for Exhibit A and Exhibit B anymore. More state and federal practitioners are now including full-color embedded photographs in their motions and briefs.  Here is an example of embedded photographs in a Motion for Default and Dismissal from the United States District Court, District of Nevada.

Why paint a picture with words when you can just, well, paint with a picture?

Writing to Persuade: Helpful tips from the “Deciders”

Bryan Pattison’s article, Writing to Persuade, published recently in the Utah Bar Journal describes the daily life of a litigator so accurately, that I feel compelled to include it verbatim.  From Writing to Persuade:

“What kind of lawyer are you?” The answer, of course, is easy: “I’m a litigator,” you respond. As you bask in the glow of that term and envision yourself in the courtroom shredding a witness on cross, you get the follow up question: “So what do you spend most of your time doing?” You think back to the past week. Then the week before that. The picture of the cross-examination fades. Time to come clean. “Writing,” you answer.

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How to Write Bad Briefs

Dirty Dozen: 12 Ways to Write a Really Bad Brief was recently featured in the June 2011 issue of the ABA Journal.  This article is an oldie, but a goodie.  Jim McElhaney examines everyday bad writing habits and how some attorneys have ”developed them into an art form of ineffectiveness.” Indeed.

While these bad habits seem obvious (and obviously bad), why do attorneys continue to use and abuse them? For example, the first of the Dirty Dozen is “Make it a ‘long,’ not a brief.” Really? This seems logical. We know judges (and their clerks) are busy people. So, why bombard them with wordy, lengthy, rambling tomes when concise, to-the-point missives suffice? Seems like greediness or laziness on the attorney’s part to me. Laziness for not properly revising the lengthy, like passive-voice document into something concise and active voice. Greediness for trying to stuff in as much law and persuasion as possible. 

Other notable offenders on the list include: “Be bombastic,” “Lay on the legalese,” “Make unreasonable arguments,” “Throw issues against a wall,” and “Don’t analyze.” Every attorney should read and heed Mr. McElhaney’s advice. Seriously -  read it, print it out and tape it to your wall so you can look at it everyday, email it to your colleagues, whatever it takes. Attorneys are professional writers and we, as a group, can do better.

Core Grammar For Lawyers: Not Just For Law Students!

Just as well-made cars need belts checked and bolts tightened, every practicing lawyer’s use of grammar, punctuation, and usage needs a periodic tune-up – even if it’s only preventative maintenance!  Core Grammar For Lawyers is just the ticket.  Core Grammar For Lawyers was recently launched and is an “online, self-directed learning tool designed to help law students, pre-law students, paralegal professionals, and practicing attorneys acquire the grammar and punctuation skills that are prerequisites to successful legal writing.”

The subscription fee is low and well worth the $38 for one-year, especially if you have been on the receiving end of harsh criticism from judges, supervising attorneys, or your own colleagues about your poor grammar and punctuation.