Empathy

Judge Susan Graber

All of us as judges have had life experiences that could be said to affect our perception of the cases that come before us. Some of us have served as prosecutors and others have not; some have experienced discrimination as women or minorities and others have not; some are intensely religious and others are not, and our religions vary…. These life experiences do not disqualify us from serving as judges on cases in which the issues or the facts are in some indirect way related to our personal experiences.

– Judges Marsha S. Berzon and Richard Tallman, in an elegantly written Ninth Circuit order explaining why Judge Susan P. Graber does not need to recuse herself from a capital murder case because her father was murdered 40 years ago.

Did you watch Lost? I was a big fan of the show, which ran on ABC from 2004 to 2010. The series required quite a commitment from its viewers, since it had a large ensemble cast and was a true serial — you really couldn’t miss any episodes. After the third season, the producers made the unusual announcement that the series would definitely conclude at the end of the sixth season. Since so many elements of the show remained a mystery until the very end, it became a guessing game as to whether the writers would be able to tie everything together into a satisfying ending.

Toward the end of the final season, the show revealed a location that we’d never seen before that was crucial to explaining the Island’s secrets. (I’m not giving anything away here if you haven’t seen it.) But the location, a glowing cave, was rendered with cheesy special effects that looked like they’d been borrowed from the original 1960s “Star Trek” series. The bad effects were so jarring that they took the viewer out of the story, causing you to say, “What’s with the cheeseball special effects?”

What the heck does this have to do with improving your legal writing? Find out after the jump.…

double red triangle arrows Continue reading “Small Firms, Big Lawyers: The ‘Lost’ Art of Hyphens”