Legal Writing

The 5 Edits I Make Most Frequently

In-house columnist Mark Herrmann identifies the lingering problems he still encounters even in generally solid briefs.

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?

Is The ‘Kozinski Solution’ To The Problem Of Overlong Briefs Gaining Traction?

Could this become a trend in the federal appellate courts?

3.125 (Three Point One Two Five) Reasons To Approximate

When does precision matter? Insights from columnist Mark Herrmann.

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: 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]

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]

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.

Bryan Garner’s 3 Neglected Keys To Effective Advocacy

The noted legal writing expert offers insights for litigators who have already mastered the basics.

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.

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.

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.