By On Sep 30, 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.”
Some lawyers, especially less experienced ones being encouraged to avoid legalese, end up turning blithely informal and flouting the norms of standard English, especially in email messages. For example, they might write "u" instead of "you" and "cd" instead of "could." Some even use emoticons. Even if you find yourself working for a firm where some people do these things, exercise restraint. Use conventional punctuation and capitalization in your email messages. Your colleagues wont think any less of you, and your supervisors will appreciate your professionalism.
YFind out what the standards are for citing authority in your jurisdiction. In California, lawyers follow the California Style Manual. In New York, they should (but frequently dont) follow the New York Law Reports Style Manual. In Texas, every knowledgeable practitioner follows the Texas Rules of Form. Other states have their own guides. And, of course, The Bluebook and the ALWD Guide to Legal Citation are widely used as defaults (and sometimes required by court rules). Even if you are not inclined to care much about these things, you better learn to obsess over them. Otherwise, you will look unschooled.
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