LawProse Lessons

LawProse Lesson #481: When Legal Language Buckles

In the legal world, writing isn’t an accessory; it’s the work itself. Every transactional, regulatory, or legislative document must be hammered out in language tough enough to carry legal weight and, later, survive attack. Yet the language in which we must frame ideas is inherently unstable. Words stretch, meanings drift, and no clause remains perfectly […]

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LawProse Lesson #480: Better Writing at Any Age

Professionals can improve their writing at any age because the brain remains adaptable, and writing itself is a craft driven more by technique than fixed talent. Neuroscience shows that neuroplasticity, the brain’s capacity to form new connections, persists throughout adulthood when we practice challenging skills with focus and feedback. Writing draws on composite abilities—such as

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LawProse Lesson #479: Editing Is an Act of Friendship

To say that editing is an act of friendship is to recognize how it affirms both the writer’s effort and the reader’s experience. When you involve an editor—whether by choice or assignment—it means your writing is meant for more than just your own eyes. The work is being readied for a broader audience, and the

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LawProse Lesson #478: No Off-Days in Writing

If writing’s worth doing, it’s worth doing well every time. Every line you shape trains your ear, sharpens your rhythm, and builds reflex. Careless sentences in emails or quick notes don’t just waste words but weaken your craft. When you take the time to tighten a sentence in a thank-you note, you’re building the precision

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LawProse Lesson #477: Occam’s Razor for Lawyers

William of Ockham was a 14th‑century Franciscan friar from the village of Ockham, Surrey. We now spell his name and the place “Ockham,” but the Latin form Occam gave us the standard label for his best‑known principle: “Occam’s Razor.” The “razor” is only a metaphor: it’s a mental tool for shaving away whatever is unnecessary

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LawProse Lesson #476: Readers Who Just Don’t Get It

Arthur Schopenhauer (1788–1860) thought deeply about why readers so often “don’t get” what writers believe they’ve made perfectly clear. He posited that getting a thought from your head onto the page is easy, but getting that same thought from the page into another person’s head is hard. The writer is coasting downhill, carried by earlier

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LawProse Lesson #475: Murder Your Darlings

When Sir Arthur Quiller‑Couch told writers back in 1916, “Murder your darlings,” he wasn’t urging literary bloodshed for sport. He was offering a practical warning about vanity disguised as brilliance. By his terms, a darling is a sentence, an image, or a turn of phrase you love—not because it strengthens the work but because it

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LawProse Lesson #474: Reconciling some contradictory writing guidance

You’ll often hear what seem to be contradictions about writing. For example, Jean de La Bruyère (1645–1696), a 17th‑century French moralist and satirist, quipped: “It is the glory and merit of some people to write well, and of others not to write at all.” The line is a refined insult: some people genuinely honor themselves

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LawProse Lesson #473: The Four Demands of Effective Writing

Every piece of writing, from an appellate brief to a client memorandum, must meet four essential demands: deciding what to write about, selecting materials for discussion, determining the form of presentation, and envisioning the effect on the audience. These questions—what, with what, how, and why—form the matrix of all good writing. For lawyers, they aren’t

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LawProse Lesson #472: An Old Writer’s Maxim

There’s an old maxim every lawyer should memorize before touching a keyboard: never take on a subject too bulky to be exhausted in the space you’re given. That limit—the word count, the page cap, the court’s firm ceiling—isn’t your jailer but your compass. It keeps you from wandering into the wilds of everything you happen

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LawProse Lesson #471: Aristotle’s Triad

Aristotle’s triad for good writing—subject, purpose, audience—is no relic of antiquity. It remains the governing geometry of persuasive legal prose. A sound brief doesn’t hide behind citations or curlicues of style. It moves with clarity because its author knows what to say, why to say it, and to whom. Many advocates falter not from want of intellect but from want

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LawProse Lesson #469: A Possible New Year’s Resolution

The Spectator recently ran a sharp piece titled “The Post-Literate Society.” Its thesis? We’re turning away from books. Attention spans are shrinking. Thought itself is drifting back toward the oral, not the written. Katherine Dee, the author, even writes of “the collapse of writing.” That collapse may already be here. You can moan about it. Or

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LawProse Lesson #468 Five reasons to read Bryan Garner’s new book

Looking for something out-of-the-ordinary in nonfiction? Bryan A. Garner’s newest book, The Etcher: The Life and Art of Oskar Stoessel (Godine, 2025), warrants a place on any lawyer’s reading list. Why? Here are five reasons:  The Etcher is much more than biography or art history—it’s an intersection of law, art, and the written word. But above all, it’s

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LawProse Lesson #467 No Escaping Style: Lawyers Make Choices

One occasionally meets a lawyer who claims, “Oh, I’m no stylist. I leave style to others. I’m just interested in the facts and the law.” This view is founded on a basic misunderstanding. Style isn’t something extraneous to legal writing—it’s intrinsic and unavoidable. The act of writing itself consists of a thousand choices. As lawyers

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LawProse Lesson #466 Why Legal Writers Should Read Novels

Is it useful for legal writers to read novels? The answer is yes—not because lawyers must master dialogue or fictional conventions, but because fiction illuminates the depths of human experience and perception in ways that conventional nonfiction rarely does. A good novel’s “subjective truth”—how it feels to be a person living through conflict, uncertainty, and

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LawProse Lesson #465 Why good writers outline

Writing without an outline is the literary equivalent of setting out on a journey without knowing where you’re going, except that every wrong turn must later be retraced. You may begin with gusto, but soon your energy will be consumed by structural confusion—sections will overlap, arguments wander, and paragraphs queue for a purpose that never

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LawProse Lesson #464 Graphics in briefs

Many legal briefs resemble medieval manuscripts—dense, austere, and allergic to imagery. Illustrations appear mostly in patent cases, where a circuit diagram or a sectional view can seem mandatory rather than inspired. Yet visuals shouldn’t be confined to the technocratic side of litigation. The law traffics in relationships—chronological, causal, hierarchical—that words often strain to display. A

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LawProse Lesson #463: Refining the Question You’re Researching

A researching lawyer should refine the question to be addressed in a research memorandum. Why? The phrasing of that question determines the entire direction, clarity, and utility of the resulting analysis. Many junior lawyers mistakenly assume that the assigning lawyer has already articulated the most precise question possible. In reality, though, the initial formulation is

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LawProse Lesson #462: Writing skills in the age of AI

Will writing skills still be necessary in the age of AI? Absolutely. AI’s integration into composition shifts the focus from composing basic text (available to everyone) to higher-level human skills like reviewing, curating, and enhancing AI outputs. High-level writing tasks—including legal drafting, literary style, and persuasive argument—remain a uniquely human domain in which style, tone, and ethical

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