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Ahoy, Mateys! Avast, Ye Swabs!

Every now and then, we offer you some ATL Practice Pointers.

Today we bring you a legal writing lesson. This is how you write a preliminary statement:

preliminary statement brief pirates Abovethelaw Above the Law blog.jpg

pirate piracy Abovethelaw Above the Law blog.jpgOur tipster wonders:

"Frustrated writer, or just a d-bag? Unfortunately, he did not continue the pirate theme throughout the brief, or even bring it back in the conclusion."

Update: In case you're wondering, this is an excerpt from a brief recently filed in federal district court (District of the Virgin Islands).

Earlier: ATL Practice Pointers (scroll down)

Comments
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1 Posted by guest | Permalink Thursday, August 2, 2007 3:53 PM

second?

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2 Posted by First | Permalink Thursday, August 2, 2007 3:54 PM

first

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3 Posted by guest | Permalink Thursday, August 2, 2007 3:58 PM

I'm in awe. I've always wanted to use the phrase "days of yore" in a brief.

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4 Posted by guest | Permalink Thursday, August 2, 2007 4:00 PM

I would like to see a (Bluebook-compliant) citation to some history of piracy for these statements. Or at least Wikipedia.

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5 Posted by guest | Permalink Thursday, August 2, 2007 4:07 PM

what's this from?

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6 Posted by tamerlane | Permalink Thursday, August 2, 2007 4:09 PM

He should have opened with "Avast!" "Ahoy there!" or "Yarrrrrr".

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7 Posted by guest | Permalink Thursday, August 2, 2007 4:13 PM

IAMBIC PENTAMETER.

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8 Posted by guest | Permalink Thursday, August 2, 2007 4:14 PM

Check out the case of Lemon v. Bank Lines (either 11th or pree-11th 5th Circuit case circa 1980) for what is perhaps the worst offender of the bad-admiralty-case collection. Its like judges say, "hey, we have a case about boats. lets pretend we're sailors." Its gets really old really fast when you do admiralty work for a living.

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9 Posted by guest | Permalink Thursday, August 2, 2007 4:26 PM

Good idea, mediocre execution. Neither a writer nor a douchebag, but to borrow from the prior headline, probably just a drama queen in capri pants.

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10 Posted by Anon | Permalink Thursday, August 2, 2007 5:21 PM

Huh. I really don't think this is half-bad. I mean, I'd change a word or three, but it's pretty effective. (Without knowing, of course, anything about the facts, and thus how well the analogy ultimately works.)

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11 Posted by AMK | Permalink Thursday, August 2, 2007 7:52 PM

Reminds me of a campus interview by Quinn Emanuel.

"At this firm, we're all PAH-rates. Are you a PAH-rate?"

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12 Posted by give me a break | Permalink Thursday, August 2, 2007 7:58 PM

Those that can do do; those that can't do teach; those that can neither do nor teach blog.

Give the writer the credit he deserves - and remember, the purpose of a preliminary statement is to capture the attention of the court - as this has captured yours.

(and try reading a typical commercial litigation brief)

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13 Posted by guest | Permalink Thursday, August 2, 2007 8:20 PM

7:58 = writer of this preliminary statement

(Also, my guess is that Lat is better at writing briefs than you are, unless you unmask yourself as a Deputy Solicitor General.)

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14 Posted by anonymous | Permalink Friday, August 3, 2007 4:23 PM

nerds.

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