By On Sep 28, 2018 Form Templates
The structure is important, Hill says. “In order for our logical syllogism or rule-based reasoning to work, the legal writer needs to prove or provide all of the rules and sub-rules and any exceptions, along with any case exceptions before applying the law to the facts of your case and making any comparisons to precedent.” Judges and other legal readers do not like surprises, she says. “They do not want you to include new law in the application section or any exceptions to the rule after you start applying that rule to your facts. So this form will give the reader comfort and confidence.”
The late Judge David Bazelon of the U.S. Court of Appeals for the District of Columbia Circuit was a stickler for super-tight prose. Once, when his student clerk, Eugene Gelernter (now a New York City litigator), brought him a draft opinion, the great judge said: "Nice draft, Gene. Now go back and read it again. Take out every paragraph you dont need, then every sentence you dont need. Then go back and take out every word you dont need. Then, when you are done with that, go back and start the whole process all over again." We should all have such a mentor.
A common shortcoming of green or hurried researchers, especially when a project is slightly overdue, is to turn in an interim draft in the hope of getting preliminary feedback. That can be ruinous. What busy supervisor wants to read serial drafts? Besides, you should never turn in tentative work—its better to be a little late than wrong. That goes for turning in projects to impatient clients as well. But keep your supervisor (and, if warranted, your client) updated on the status of your work.
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