A Quick Test For Lawyers

You claim that you know these rules, but do you apply them in your practice?

Suppose a document is called a “Deed and Resolution.”  Should the short-form be (1) “D&R” or (2) “Deed”?

Deed!

“Deed” is a word.  Words are easier to remember than letters.  And “Deed” is descriptive, so when you read the word, you’re reminded what it’s describing.

D&R is gibberish.  And it’s gibberish that just gets worse when you couple it with your other alphabetical short forms.  Don’t use it!

In a similar vein, what’s the short-form for Waste Management Association of America?  (1)  WMAA or (2) Waste Management?

Waste Management!

Use words.  Words!  That people can read and understand.  They’re great!

Sponsored

Next lesson.

To whom should you send an email — (1) Smith, Jones, and Doe or (2) Smith?

Smith!

If you send an email to three people, no one will answer it.  Smith will think that Jones is responding; Jones will think that Doe is responding; Doe will figure that Smith’s got it.  When you follow up three weeks later, all of the recipients will tell you how sorry they are because they thought someone else was responding.

The fault’s not theirs.  It’s yours.

Sponsored

Address an email to just one person.  That guarantees the person will know that he or she has to respond.

If you must, you can address the email to one person and include copies (on the cc line) to two others. That tells the world about the issue, but puts the responsibility for responding squarely on one person’s shoulders, which is where it belongs.

Next lesson.

When you receive an email asking a hard question, what should you do?  (1)  Think about the email, decide the solution (or, at least, how best to advance the ball), and answer the email promptly.  (2)  Think that “this is very hard.”  Put the email aside, because you’ll have time to think about it next week.  And then forget about it next week.

I know the answer is obvious.  But you’ve chosen number one an awful lot of times, and I won’t forget those occasions when the time comes to review you.

Which phrase should you prefer — (1) “numerous respects” or (2) “several ways”?

I know that you sound smarter if you write “numerous respects.”  Or “inter alia” instead of “among other things.”  Or “supra” instead of “above.”  Or “multiple occasions” instead of “many times.”

You must be smart!  You use big words and Latin phrases.

Stuff it!

The idea is to communicate quickly and easily. 

Not to show off.

Use the smallest possible words.  English words.  Use the shortest possible sentences.  Combine those sentences into very short paragraphs. 

Let the reader scan the page once and understand it. 

Impress people with your brilliant ideas, not your convoluted writing. 

How should you describe the other side’s argument:  (1)  “specious, frivolous, and sanctionable” or (2) “wrong”? 

Number two — “wrong” is right! 

Judges read insults and venom every day.  They read intelligent arguments much less often. 

We use intelligent arguments, even when the other guy insults us in his brief, and even when we don’t like the other guy. 

We just explain the facts and the law.  And we win. 

That’s victory enough. 

How’d you do on my test? 

Go back and read the last email you sent or brief that you wrote. 

You claim that you know these rules, but do you apply them in your practice?


Mark Herrmann spent 17 years as a partner at a leading international law firm and is now deputy general counsel at a large international company. He is the author of The Curmudgeon’s Guide to Practicing Law and Inside Straight: Advice About Lawyering, In-House And Out, That Only The Internet Could Provide (affiliate links). You can reach him by email at inhouse@abovethelaw.com.