Legal Writing
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Benchslaps, Federal Judges, Litigators
Benchslap Of The Day: Don't You Dare Put Citations In The Footnotes
Where do YOU come down on this hot topic in legal writing? -
9th Circuit, Alex Kozinski, Litigators
Is The 'Kozinski Solution' To The Problem Of Overlong Briefs Gaining Traction?
Could this become a trend in the federal appellate courts? - Sponsored
Law Firms Now Have A Choice In Their Document Comparison Software
Six months on since its launch, over 200 firms worldwide are now using Draftable Legal for accurate and reliable document comparison, including UK Top 50… -
In-House Counsel, Litigators
3.125 (Three Point One Two Five) Reasons To Approximate
When does precision matter? Insights from columnist Mark Herrmann.
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9th Circuit, Alex Kozinski, Litigators
Judge Kozinski Won't Read Your 'Fat' Or 'Chubby' Brief
Protip: when in the Ninth Circuit, avoid filing an overlength brief at all costs. -
Non-Sequiturs
Non-Sequiturs: 07.15.16
* Ultimately, voters will decide how big a deal Hillary’s emails really are. [Huffington Post]
* If you still have your panties in a bunch over Justice Ginsburg’s comments about Donald Trump, maybe you aren’t paying enough attention to history. [Washington Post]
* Guess what? Your paralegals hate you. [The Lawyer]
* Ironman, err, Robert Downey Jr., is serving as an alternate on a jury. [Law and More]
* When in time are judicial opinions, as a matter of grammar? [LawProse]
* The RNC just ended #NeverTrump. [Slate]
* A look at Janelle Eveland Belling, the managing director of ediscovery services and strategy at Perkins Coie. [CodeX]
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Morning Docket
Morning Docket: 07.11.16
* In case you haven’t been keeping score like we have, these are the firms that recently raised salaries: Duval & Stachenfeld; Seyfarth Shaw; and Foley & Lardner. If you’re worried you’ve missed any of our coverage on pay raises, check out our omnibus 2016 salary chart where we collect these stories. [2016 Salary Increase / Above the Law]
* Lawyers are “the best-paid writers in the world,” so grammar god Bryan Garner suggests they emulate one of the greatest language snoots of them all: the late Justice Antonin Scalia. Garner identifies with Scalia’s textualism because “[he] believe[s] that words have meaning, and that we should take them seriously.” [Wall Street Journal]
* According to constitutional law scholar Dean Erwin Chemerinsky of UC Irvine Law, SCOTUS may be at a turning point since the next president will likely be able nominate up to four justices. “Whether you see yourself as conservative or liberal … this affects all of us, our most intimate and important aspects of our lives.” [Los Angeles Times]
* Lawyers for Led Zeppelin are seeking about $800K in costs and legal fees for their defense of the seminal rock band in the “Stairway to Heaven” copyright infringement suit. Peter Anderson, the band’s lead counsel in the case, claims that his $330 per hour rate is “actually below” the going rate for this caliber of high-profile work. [Ars Technica]
* Venezuelan authorities have arrested a woman connected to Mossack Fonseca, the firm at the center of the Panama Papers scandal, for allegedly being “in charge of seeking customers to invest illicit funds in outsourcing-type business arrangements.” She’s been charged with illegally obtaining funds in violation of banking regulations. [Reuters]
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Boutique Law Firms, Litigators, Practice Pointers, Small Law Firms
Legalese: Won’t Do With It, Can’t Do Without It
Legalese: everyone hates it, but no one is brave enough to entirely excise it from their writing. -
5th Circuit, Conferences / Symposia, Litigators
Bryan Garner's 3 Neglected Keys To Effective Advocacy
The noted legal writing expert offers insights for litigators who have already mastered the basics. - Sponsored
Gain An Instant Understanding Of New Complaints With LexisNexis Snapshot
AI-powered complaint summaries to help you spot new lawsuits, new challenges, and new business. -
Boutique Law Firms, Litigators, Small Law Firms
A Trial Lawyer Isn't Always On Trial, But Is Always Writing
The best trial lawyers must learn to become excellent writers. Here are four principles for legal writing. -
Clerkships, Federal Judges, Richard Posner
Should Judges Write Their Own Opinions Or Leave Drafting To Their Law Clerks?
With all due respect to Judge Posner, there's nothing wrong with judges delegating drafting to their clerks. -
Technology
How To Be A Better Writer And Other Easy Word Tips
Helpful hints from technology columnist Jeff Bennion on how to better use Microsoft Word. -
Morning Docket
Morning Docket: 12.29.15
* Everyone was under the impression that Dickstein Shapiro and Bryan Cave would be tying the knot by the year’s end, but instead, it looks like their brief love affair has turned into a bad romance. Oh no! Will Dickstein Shapiro be left at the altar? [Big Law Business / Bloomberg BNA]
* “The idea they own the name ‘blue’ for a manual for legal citations is ridiculous.” A rival citation guide to The Bluebook will be released in 2016, using the name “BabyBlue.” Since a Biglaw IP attorney is involved in the copyright clash, this is already more exciting than techciting. [WSJ Law Blog]
* Ethan Couch, the Texas teen who was too rich to realize his actions had consequences, was apparently also too rich to realize he shouldn’t hide out in a ritzy vacation locale in Mexico while on the run from police with his mother. Damn you, affluenza! [CNN]
* If you’re looking for a law firm where you can take time off whenever you want and still earn a healthy paycheck, then look no further than Ashton KCJ Lawyers in England. That’s a perk we’re sure attorneys in the U.S. would love their firms to adopt. [Mirror]
* Annie, get your gun: Gun-toting Texans are going to have a very happy new year, because come January 1, 2016, the state’s new open carry law will go into effect. The open carrying of handguns had previously been banned in the state since 1865. [RT]
* Jeffrey Feulner, founder of the Men’s Divorce Law Firm, was charged with domestic violence battery after he allegedly attacked his wife. She filed for divorce three days later — and presumably used a more woman-friendly lawyer as counsel. [Orlando Sentinel]
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Bar Exams, Career Center, Career Files, Lawyers
From The Career Files: How Your Legal Writing Class Prepares You For The MPT
There's a link between Legal Research and Writing (LRW) and other law school classes and the MPT on the bar exam.
Sponsored
Diving Into Generative AI: A Practical Guide For Law Firms Starting From Scratch
Why Do AI And Legal Professionals Make The Perfect Partnership?
Gain An Instant Understanding Of New Complaints With LexisNexis Snapshot
Sponsored
Law Firms Now Have A Choice In Their Document Comparison Software
AI’s Impact On Law Firms Of Every Size
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In-House Counsel
3 Examples Of Narrow Perspectives, And 1 Solution
Lawyers who work in all environments should strive to write simply and comprehensibly, but this is particularly important for folks who are in-house. -
Litigators, Small Law Firms
Be Careful How You Write Always
Lawyers should make sure that everything they write in their work is up to the highest professional standards, both to protect themselves and to be great lawyers. -
Non-Sequiturs
Non-Sequiturs: 11.16.15
* Is Andrews Kurth facing a possible mega-malpractice judgment? If you know more, please drop us a line. [MahanyLaw]
* Elsewhere in Texas, a UT law student stands accused of leading an intimidation campaign against a professor of Israel studies. [Legal Insurrection]
* Advice from our columnist Keith Lee on how to write an excellent legal memo. [Associate’s Mind]
* Did Michigan prosecutors pressure the state’s crime lab to falsely classify the origins of THC the lab was testing? [The Intercept]
* An interview about interviews: Richard Hsu interviews Bryan A. Garner about Professor Garner’s famous series of interviews with Supreme Court justices. [Hsu Untied]
* Does your employer offer assistance with student loan repayment as an employee benefit — and should it? [Tuition.io]
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Non-Sequiturs
Non-Sequiturs: 10.19.15
* A must-have for all those Biglaw overachievers gunning for partner. [Next Shark]
* Racists don’t even know how to racist right. [Wonkette]
* To recap acceptable responses to tickets: writing on the ticket “FUCK YOUR SHITTY TOWN BITCHES” = totally fine; wiping your butt with the ticket and throwing it at the police officer = not okay. [The Smoking Gun]
* Welp, this is an interesting clause to stick into a settlement agreement. [Deadspin]
* Maybe, just maybe, the Supreme Court will weigh in on the student debt crisis. [Bloomberg Business]
* Is it possible to make your writing benchslap-proof? [Legal Writing Pro]
* It’s best to be vague yet forceful when trying to escape new Biglaw work. [Daily Lawyer Tips]
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Litigators, Small Law Firms
Be A Winning Writer, Not A Self-Indulgent One, Starting With Complaints
Legal writing has a purpose: any of the writings we submit as litigators to a court or arbitrator must be directed towards winning for our clients. -
In-House Counsel, Litigators
4 Edits I Have Never Made
What edits has columnist Mark Herrmann never made to a brief over the course of three decades practicing law? -
Screw-Ups
An Embarrassing Typo... In The Bluebook?
Is it just us, or have the editors of The Bluebook been getting sloppier with each edition that's printed?