Last week, Chief Judge Alex Kozinski paid a visit to Yale Law School, where he made two public appearances. He had a Charlie Rose-style conversation with Noah Messing, YLS’s Lecturer in the Practice of Law and Legal Writing, and then he did an event with the Federalist Society, moderated by a current student, Jon Fougner.
Let’s hear what His Honor had to say, about a wide range of topics — his favorite opinion of his, tips for getting ahead in the legal profession, advocates who have impressed him over the years, why you shouldn’t take your mother to your oral argument, and why you should read Playboy (hint: it’s not for the articles)….
Federal judges don’t always tell lawyers that their writing is crap, but when they do, they’ll do it in a publicly filed court order. Because while judges have got many a tool in their benchslapping arsenal, a public shaming is perhaps the most useful of them all.
Today’s instance of public shaming comes to us courtesy of Judge Steven Merryday (M.D. Fla.), the same fellow who denied a motion to suspend trial in a death penalty case from an attorney who wanted to participate in an Ernest Hemingway look-alike contest.
Let’s jump right in and see what happened, because this judge had a field day with redlining….
I knew exactly what the kid was thinking: “I guess, if my Dad wrote a book, I should take a look. But this is going to be unbearable. So I’ll read a few pages and be done with it.”
Jeremy sat in the family room reading chapter one. I paced anxiously in the kitchen. My wife didn’t understand my anxiety: “Why are you so nervous? It’s only Jeremy.”
“Don’t you see? Jeremy’s my first truly neutral reader. He’s not a lawyer. He’s not inclined to read the thing. He won’t cut me any breaks. If Jeremy likes it, there’s a chance there’s actually an audience for this thing.”
After a few more anxiety-ridden minutes, Jeremy walked into the kitchen. After a seemingly endless pause: “Let me see chapter two….”
Here is an excerpt from Manhertz v. State, handed down on October 9 by the Georgia Court of Appeals:
Specifically, Joyner explained that she met a dancer at a strip club, who went by the stage name Paradise. After a brief conversation, Paradise asked Joyner how she was employed, and Joyner informed her that she worked as an assistant manager at an apartment complex. Paradise responded by informing Joyner that she had a friend named Kane, who would pay $1,000 for tenants’ names, social-security numbers, driver’s-license numbers, and copies of signed checks. Joyner agreed to do so and later provided Paradise with the requested information. However, Joyner asserted that she was never paid any money. And although Joyner claimed that she went back to the strip club on one or two occasions in an attempt to collect the promised payment, she was unable to find Paradise — no doubt finding little comfort in the axiom that “solitude sometimes is best society.” [FN2]
Ed. note: This is the first installment in a new series of posts from the ATL Career Center’s team of expert contributors. Today, for the benefit of newly arrived (or soon-to-arrive) first-year associates, we have some advice from Ross Guberman on writing for the toughest audience they’ll ever face.
With the help of many clients, I recently surveyed thousands of law-firm partners about the writing skills they want to see associates develop.
Across the country and across practice areas, partners agree on what they’d like to change about associate drafts. I’ve organized their responses according to my Four Steps to Standout Legal Writing. I’ve also included a fifth category that covers usage and mechanics.
A few sample responses follow.
Step One: Concision
Partners say they spend too much time cutting clutter and other distractions from associate drafts. Anything that interrupts the message — wordy phrases, jargon, legalese, redundancy, blather, hyperbole — is a candidate for the chopping block.
In case you’re wondering, there was no major news out of the U.S. Supreme Court this morning. Our friends at SCOTUSblog predict that opinions in the marquee cases, such as the Arizona immigration case and the health care reform case (aka Obamacare), will be issued next week. (Above the Law’s own Supreme Court correspondent, Matt Kaiser, should have a more detailed write-up of this morning’s proceedings later today.)
But we do have some SCOTUS-related news to mention this morning (and not just the latest in law clerk hiring). Did you know that Justice Antonin Scalia has a new book out, hitting stores tomorrow?
Here, both parties abandoned any attempt to write in plain English, instead abbreviating every conceivable agency and statute involved, familiar or not, and littering their briefs with references to ‘SNF,’ ‘HLW,’ ‘NWF,’ ‘NWPA,’ and ‘BRC’…
I mentioned last week that I recently moderated a panel of in-house lawyers at Schnader Harrison’s annual retreat. Always happy to share, I’m gathering here my existing thoughts on writing articles to develop legal business plus some new ideas suggested by the panelists. And, because handy lists get clipped and saved, I’m putting those thoughts into a list.
What are the ten rules for writing an article that will generate legal business for the author?
1. Write about a substantive issue, not a procedural one.
No one in the history of the world has retained a lawyer because the lawyer was the world’s greatest authority on Federal Rule of Evidence 403 or how to remove an action to federal court. People hire 10b-5 lawyers, not removal lawyers. If you’re writing to generate business, write on a substantive topic, not a procedural one.
2. Write about a niche area of the law.
If you write an article about some clever provision that a real estate lawyer should put in a lease, potential clients will read your article, send your article to their existing real estate lawyers, and ask the incumbents whether the incumbents have considered this idea and are able to put it to use. Your article thus educated the world and may have generated business for incumbent counsel, but it didn’t generate any business for you.
Niches are better. If you write about a niche area of the law — I’ve previously suggested that Colorado escheat law is wide open — the client’s incumbent firm won’t be able to provide the service that you’ve written about. If you’re writing to generate business, you don’t want to just suggest ideas that other lawyers can easily use.
Majority opinions are hardly sitting ducks for the criticism dissentals may heap on them. If a panel majority finds that a dissental scores some valid points, it can modify its opinion to eliminate the problem, something that happens regularly in the Ninth Circuit. Indeed, fear that internal criticisms will be taken public often causes judges to moderate outlier opinions so as to present a smaller target for public criticism and possible certiorari. One of us (yes, the hot one) is even aware of a case where the panel withdrew its opinion and reversed the result, after winning the en banc vote, in the teeth of a stinging dissental.
Professor Joel P. Trachtman has developed a unique, practical guide to help lawyers analyze, argue, and write effectively.
The Tools of Argument: How the Best Lawyers Think, Argue, and Win is a highly readable 200-page book, available for about $10 in paperback or e-book. Chapters focus on foundational principles in legal argument: procedure, interpretation of contracts and statutes, use of evidence, and more. The material covered is taught only implicitly in law school. Yet, when up-and-coming attorneys master these straightforward tools, they will think and argue like the best lawyers.
For most attorneys, time spent managing the books is a necessary evil at best. Yet it is undeniably a crucial aspect of running a successful practice. With that in mind, we invite you to view or download a free webinar by Above the Law and our friends at Clio to learn how to better manage your finances.
Take this opportunity to learn what it takes to streamline your accounting and get the most out of your time. The webinar agenda:
● The basics of accounting for lawyers.
● How legal accounting differs from regular accounting.
● Report and reconciliation issues surrounding trust accounts.
● How to pick and integrate the best accounting tools for your practice.
● Steps to prepare your tax return for your firm’s income.
Do not miss this crucial chance to optimize your accounting practices. Save time and get back to billing!
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!