LawProse Lessons

The phrase law of the case is often misunderstood. Properly, it denotes a common-law doctrine that applies most often to cases that have been appealed. When an appellate court makes a final decision in a case, that decision is binding in a later appeal after remand. The decision becomes the law of that case. For […]

What are the primary hallmarks of lazy, mediocre (or worse) legal writers? Pages filled with citations and block quotations. Today we’ll focus just on the latter. The Bluebook says that any quotation of more than 50 words must be set off in a block. The Chicago Manual of Style suggests that a quotation of 100

People often ask why it matters what precise word you use (militate vs. mitigate, or masterly vs. masterful) as long as readers or listeners understand what you mean. If there’s no real confusion, they say, why should we get persnickety about words? This view is premised on the pragmatic idea that language is all about

What’s the most important step in writing a statement of facts? It’s the creation of a chronology of relevant events—a document that lists, day by day and time by time, every important occurrence bearing on the interactions between parties. Lawyers often ask clients to prepare such a chronology as a starting point. Although the quality

A few years ago, Justice Antonin Scalia wrote to complain about the use of such that in place of so that: “Annihilate it!” he told me. “It’s pervasive among lawyers today.” It is an odd usage that I recall having first encountered in high-school geometry {Let a distance CB be taken on the conjugate axis,

What’s the plural of attorney general? The answer is attorneys general, not *attorney generals. (The asterisk signifies an always-erroneous form.) A federal judge in New York recently tried to defend his use of the incorrect plural, likening it to brigadier generals. But the analogy is misbegotten: brigadier general denotes a type of military general—and general

Most professional writing (the type you see in major newsmagazines) is tight; most legal writing isn’t. You want a tip on tightening? After you have a fairly polished draft, look at the last line, half-line, or quarter-line of every paragraph. Play with the paragraph to try to shorten it by one line. It’s a little

Acronyms and Initialisms. Legal writers are addicted to defined terms, especially shorthand forms made of initials. (An acronym is sounded as a word [UNESCO], while an initialism is pronounced letter by letter [HMO].) Although abbreviations are highly convenient, it’s a false sense of convenience: they benefit the writer but burden the reader—unless they’re already extremely

The phrase amicus curiae and its shortened form amicus raise several tricky linguistic questions. How are they pluralized? How are the singular and plural forms pronounced? What’s the preferred singular possessive form? Should the phrase be italicized? How often is the translation friend of the court used by comparison? What’s the history of the phrase

What’s the plural of Evans? You have some friends, Bob and Sally Evans. As a couple, they are the __________. (How do you pluralize their last name?) Sometimes, you go to their house: that’s called the __________ house. (Can you make the plural possessive?) There, you see Bob __________ coin collection. (Make the singular possessive.)

Statutes and Judicial Opinions: When, in Time, Do They Begin and End? In the Beginning. The traditional view is that statutes are prospective only, but judicial opinions operate retroactively. That’s because ex post facto laws are thought to be fundamentally unfair, and judicial opinions normally declare what the law is—as opposed to making it. This

Strategies with Names. Is it true that in a brief, you should use your client’s name for personalization and call your opponent by a legal label (e.g. “defendant”) for depersonalization? No—almost never. This “advice” is almost invariably unsound. Would it be better to call Cruella De Ville “Antagonist”? No: she’s memorably Cruella. Bad facts about

Admittedly, the traditional conjugations are more blurred than ever. Mastering them has proved difficult for people. Nevertheless, here goes. Lay is a transitive verb—that is, it demands a direct object {lay your pencils down}. It is inflected lay–laid–laid {I laid the book there yesterday} {these rumors have been laid to rest}. (The children’s prayer Now

Persuasion is a complicated product of successful conscious and unconscious effects. As a brief-writer, your goal is to persuade the judge to rule in your client’s favor. Generally, to achieve this, you must do four things: 1. Get the judge’s attention. Don’t let your brief be one of those dense, befuddling aggregates of facts, law,

If lawyers could remember to avoid just five common mispronunciations, what would they be? These are the words: applicable comparable often realtor substantive Say them aloud. Then see whether you used the preferable (PREF-uh-ruh-buhl) pronunciations: applicable (accent on the first syllable, not the second) comparable (same) often (silent t) realtor (two syllables, not three) substantive

What’s new in The Winning Brief? Three things. First, it’s being offered as a 10-part webinar series for the first time this summer. If you care about persuasive writing, you won’t want to miss it. Second, the third edition has all the substance from the first two editions, plus nine entirely new sections (including “understanding your

Three important considerations in legal editing. It’s best to use single-minded focus when editing the different parts of documents. Certain editing approaches may apply to particular sections of a document. Here are three practical examples: Revisit the issue presented. In your issue statement, you want to be sure that you don’t state as a fact

One thing that persuasive advocates do is to pitch their tone at the right level: their degree of confidence, their firmness of position, and their analytical keenness. They know when and how to concede points, and when and how to assail their opponent’s points. With the judicial audience, they’re neither condescending nor kowtowing: they approach

The ancient Romans called it tu quoque, meaning “you also” or “you’re another.” It’s pronounced /too kwoh-kwee/. Today we see this tactic prominently in both politics and law. A few examples. If one politician says that he or she wants to raise the standards of ethics, an opponent will say that that politician has engaged

It’s the principle that the title and headings within a legal instrument are permissible indicators of meaning—unless the instrument expressly disclaims their influence. Contractual drafters often include a version of this housekeeping clause: “Headings are for convenience only and do not affect the interpretation of this agreement.” Many states have a constitutional provision (called the