By On Oct 11, 2018 Form Templates
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.
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.
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.”
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