The Secret to Better Legal Writing
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- čas přidán 22. 07. 2024
- Helpful tips from CEB's Julie Brook. Learn the secret to better legal writing and get specific examples on how you can improve your next brief.
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The original Federal Parental Kidnapping Prevention Act was the epitome of obfuscation. Its sentences went on forever with apparent exceptions to exceptions. For over a decade, lawyers, DA’s could find and misinterpret some phrasing that seemingly always gave their state emergency or home state status, requiring victim parents to go to the kidnappers state and start the custody battle all over. That was exactly what the law was designed to prevent. Fortunately, the law has been revised several times and is now understandable by even common people
Excellent video. Very helpful tips. Thanks.
This is great, thank you so much!
Thanx for your valued tips
What I've found... (this is prob. with many things) it's easier said than done.
Thank you, very helpful
Ahh..This was a very helpful video for the Paralegal studies student. Wish I would have found this sooner
Lonnie Mayo too many adjectivesssssss!
Hi, Lonnie! I know this is an older post, but if you're interested in learning more about law school, law firms, or being a lawyer in general, I make videos on all that stuff -- come check them out! :) Angela
Thank you
Loved it!!!
I suck at legal writing. There is always something lagging and i can never get it quite right.
Really useful and user friendly!
Simple is not always better. Address the simple with simple syntax; address the complex with complex, but varied, syntax. Dissemble the more complex concepts, piece by piece, and explain how the components work together. If you address the complex with simplicity it will often appear that you are missing something or that your analysis is superficial. On rare occasions, I have read writers who managed to distill complex ideas down to a simple elixir. Surely, it is an admirable goal, but keep in mind the limitations of the language and the actual goal of legal writing, which is not brevity, but understanding and, ultimately, persuasion.
The key to legal writing, like math, is to "show your work," meaning to explain each step in your logic. The criticism I always hear from judges is that the memo or brief lacked analysis. As a hard rule, I disagree with always defaulting to short sentences. You should use varied sentence structure, vocabulary, and punctuation for effect, as you will need all these tools to convey important concepts. Self-imposing limitations beyond those found in Strunk and White, The Elements of Style, will have a dubious effect on quality. However, I completely agree with using a succinct selection of facts and dates. Unless the legal argument revolves around the chronology, using only the dates of pertinent actions and definitive filings is a good way to focus the attention on the argument itself. Again, there are exceptions when handling appeals, as often appellate courts require a more detailed "statement of case" with citations. (Always check your local rules.)
Personally, I like to provide ample historical context, as I believe it allows judges, and litigants, to feel like part of something larger, more significant, and more concrete, rather than part of some abstract game. The law is a seamless web. Good luck.
@NolalanD - You are a perfect example of "how not to communicate".
Your 3 paragraphs demonstrate for me how you over complicate your message and how you force me (the reader) to work to read your message.
You make every mistake the video says you should not.
You even stated the alt position - 'address the complex with the complex' - that is as daft given the video title is about improvement ('better writing').
The art of communication is not about making sense to yourself but making sense to others. You do the work not them. Breadcrumb trail is a good metaphor.
First make assumption - the reader is not like you - has no time to read, no inclincation to see structure extract content extract salient point. So you must do it for them.
Second assumption many people just dont have the energy to read long sentences let alone long paragraphs. Again you must use short sentences and short paragraphs to overview.
Third assumption - the worst (your reader) is as thick as 2 planks. Your logical steps must be as plain as a receipe
...starting with "take a good sized pan to hold the family meal,
...heat with oil before you start frying,
...fry onions slowly to brown not burn, etc etc".
Legal Writing is the same starts with the overview with objective and tool.
-The Objective is first proove then persuade the judge.
-The tool is IRAC method of legal analysis (Issue, Rules, Analysis and Conclusion).
The exact presentation is IRAC in variants - simple IRAC, expanded IRAC, shrunk IRAC, IRAC in relationship (one or more)
Simple IRAC can be as a simple "one issue to one conclusion".
Expanded IRAC is simple IRAC with more detail (embelished).
Shrunk IRAC is simple IRAC with less detail.
Multiple IRACs in a relationship (a tree) address "the overview" and "the elements of overview". One IRAC per overview PLUS IRACs per element.
These are the dimensions available to you the writer to tune your writing for the reader for maximum outcome.
Together you can pragmatically configure the writing process to over both simple and complicated concept.
If you dont believe - review my comment vs NolalanD and ask yourself which has taught you more, which is insight is practical in application.
Hello,
Liked your video.
Can you guide me to any group or website that engages or deals with offshore legal drafting,writing or legal research for law graduates?
helpful.......am also student of law,,,,am learning legal wrting and skills here in Tanzania
Hi, John! I know this is an older post, but if you're interested in learning more about law school, law firms, or being a lawyer in general, I make videos on all that stuff -- come check them out! :) Angela
Love...
Cover letter for petitioners in family law
She is right. The fatter my paragraphs are the uglier they look. But when I cut out extra words and make them leaner they become more attractive.
In other words, write for those who regularly read local news blogs but never a Victorian novel.
Assistance in cover letter for the petitioners family law
Help
👍👍👍
Kind of bummed out I found this video 12 hours before my legal brief is due..
Sounds like you should check out what else we have to offer! Julie writes for our blog at blog.ceb.com where you can learn more interesting things.
Hi, Brian! I know this is an older post, but if you're interested in learning more about law school, law firms, or being a lawyer in general, I make videos on all that stuff -- come check them out! :) Angela
Omit Needless Words. Omit Needless Words.
Cutting!
Owo
less is more.
Fry
Lovely girl.
There is no happy writing. Not for someone like me. I go back and edit fifty times and it still isn't perfect. Then, when it's perfect, I file, and lose... because i don't have magic lawyer fairy dust. The system is corrupt and and a profit based industry.