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Miscellaneous

the (new) legal writer the (new) legal writer

A collection of resources for lawyers, who write. From Raymond Ward, an appellate lawyer with Adams and Reese LLP in New Orleans.

Post Frequency: 5.3/day

Last Entry: March 26, 2011 at 15:44:07

Recent Entries: 522

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Ideas, anyone?

Posted on May 19, 2008
The DRI magazine, For the Defense, runs a regular feature called ?Writer?s Corner,? a one-page column on legal writing, written by a different contributor every month. I?ve written several of them over the last few years,1 and I?m scheduled to...


Emphasis through structure

Posted on May 18, 2008
To emphasize something in writing, many lawyers resort to typographical gimmicks: italics, bold, underlining, all capital letters, or some combination of these. To de-emphasize something, many lawyers either bury it in a footnote or, worse, omit it completely, hoping that...


Sometimes we don?t notice transposed letters.

Posted on May 16, 2008
Daily Writing Tips has an interesting post titled ?Cna Yuo Raed Tihs?? The idea is that, if the first and last letter of the word are in the right place (or just the first letter of a three-letter word), then...


Sometimes we don???t notice transposed letters.

Posted on May 16, 2008
Daily Writing Tips has an interesting post titled ???Cna Yuo Raed Tihs???? The idea is that, if the first and last letter of the word are in the right place (or just the first letter of a three-letter word), then...


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A reminder about the 5th Circuit?s ?Practitioner?s Guide?

Posted on May 13, 2008
Like other circuit courts? web sites, the U.S. Fifth Circuit?s web site has an on-line copy of the Federal Rules of Appellate Procedure, the Fifth Circuit?s local rules, and its internal operating procedures. Another valuable document on the Fifth Circuit?s...


Scalia and Garner together on stage

Posted on May 13, 2008
If you?re going to be near D.C. on July 25, and you have $600 to spend on CLE, then you may want to register for Making Your Case, a five-hour seminar to be presented at the Kennedy Center by Bryan...


A reminder about the 5th Circuit???s ???Practitioner???s Guide???

Posted on May 13, 2008
Like other circuit courts??? web sites, the U.S. Fifth Circuit???s web site has an on-line copy of the Federal Rules of Appellate Procedure, the Fifth Circuit???s local rules, and its internal operating procedures. Another valuable document on the Fifth Circuit???s...


Euphemisms and other sources of amusement

Posted on May 12, 2008
God bless Word Sell for posting George Carlin?s take on airline euphemisms. Enjoy.


Grammar: Something white people like

Posted on May 12, 2008
If you read this blog, then you may be more Caucasian than you care to admit. It seems that number 99 on the list of stuff white people like is grammar. Why? White people love rules. It explains why so...


Trying out a new design

Posted on May 10, 2008
Presentation matters. With that thought in mind, I?ve redesigned The (New) Legal Writer. Or more accurately, I?ve installed one of TypePad?s prefabricated designs, one called ?Minimalist Red.? If you don?t see the new design, you may need to hit the....


Distractions

Posted on May 10, 2008
Here?s an interesting article by Leigh Jones in the National Law Journal about the current state of legal writing (not good) and one possible contributing cause (electronic distraction).1 I can relate. This past week I was working on a reply...


Q&A with Justice Scalia

Posted on May 08, 2008
C-Span Q&A has posted the transcript of an interview with Justice Antonin Scalia by Brian Lamb. It includes some of Justice Scalia?s thoughts about legal writing and oral argument. (Hat tip to Legal Writing Prof Blog.)


Two propositions

Posted on May 07, 2008
Here are two propositions to ponder. One day I will write an essay on one or the other or both. But ?one day? has been a long time coming, and may yet be a long time coming. So I?ve decided...


The glamour of grammar

Posted on May 06, 2008
Roy Peter Clark, author of Writing Tools, is beginning The Glamour of Grammar, a twice-weekly series of blog posts to eventually be transformed into a book. Writing Tools started out the same way, so TGOG has the burden of living...


Plain language: It takes an act of Congress

Posted on May 04, 2008
Congress is moving toward making plain language ?the standard style for Government documents issued to the public, and for other purposes.? H.R. 3548 passed in the House on April 14 by a vote 0f 376 to 1. Its companion, S....


Free samples

Posted on April 28, 2008
My guess is that just about everyone reading this blog knows that Bryan Garner and Justice Antonin Scalia have collaborated on a new book, Making Your Case: The Art of Persuading Judges. If you haven?t decided whether to buy the...


JALWD on-line

Posted on April 20, 2008
Thanks to Legal Writing Prof Blog, I learned that the entire Journal of the Association of Legal Writing Directors is on-line?every issue, every article, in both HTML and PDF. If you?ve never read the JALWD, do yourself a favor and...


A different way to begin a motion

Posted on April 18, 2008
The other day I was writing a motion to exclude an expert?s opinions on grounds that the other side failed to disclose them timely. Most motions like this would begin in this ho-hum fashion: Now comes XYZ Corp., defendant, who...


Metaphor: Theory and practice

Posted on April 17, 2008
Prof. Michael R. Smith, legal-writing director at the University of Wyoming College of Law, has written an interesting article analyzing the ways metaphors are used in legal writing and offering practical suggestions for advocates to develop rhetorical strategies around them...


Contraction reaction

Posted on April 14, 2008
Over at California Blog of Appeal, Greg May asked readers for their views on using contractions in legal writing, and received a variety of responses. I have my own opinion on that topic, which I left in a comment on...


Unless, of course, you like powdered wigs

Posted on April 14, 2008
Ken Davis has some business-writing advice particularly appropriate for legal writers. The headline: Lose the powdered wig. Go have a look; it won?t take long.


More is not always better

Posted on April 13, 2008
Sometimes in the heat of battle, litigators can lose perspective. That seems to have been the court?s impression in TK-7 v. Estate of Barbouti, 993 F.2d 722 (10th Cir. 1993), an apparently hard-fought civil conspiracy case. The defendants prevailed, but...


Proofreading tips

Posted on April 10, 2008
John Paschetto, a Delaware lawyer, has written an excellent article on proofreading. In it, he explains the difference between editing and proofreading, advocates proofreading in stages, and offers valuable tips to increase the efficiency and effectiveness of your proofreading...


Here come da judge

Posted on April 05, 2008
For a long time, I?ve been a fan of Judge Mark Painter, who, unlike Sammy Davis Jr., is neither too old nor too bold. So I?m happy to announce a legal-writing seminar he is bringing to Louisiana later this month:...


Here come da judge

Posted on April 05, 2008
For a long time, I???ve been a fan of Judge Mark Painter, who, unlike Sammy Davis Jr., is neither too old nor too bold. So I???m happy to announce a legal-writing seminar he is bringing to Louisiana later this month:...


Tactical choices in briefwriting

Posted on April 03, 2008
Mark Herrmann has an interesting post at Drug and Device Law about tactical choices in briefwriting. His point: Every choice has its potential benefits and potential risks. Reasonable tacticians may disagree on the best choice. Sometimes the best choice doesn?t...


A lesson for editing

Posted on April 02, 2008
A few days ago, I posted this video on my other blog. Today it occurred to me that the video contains a lesson for legal writers. Watch the video, then read the lesson below. If you?re like me, then you...


Which explains my aptitude

Posted on March 26, 2008
Today???s installment of Garner???s Usage Tip of the Day carried this quotable quote: ???It cannot be emphasized too strongly that balanced, well-adjusted, stable and secure people do not, on the whole, make good writers ....??? ???Paul Johnson, The Quotable Paul...


Which explains my aptitude

Posted on March 25, 2008
Today?s installment of Garner?s Usage Tip of the Day carried this quotable quote: ?It cannot be emphasized too strongly that balanced, well-adjusted, stable and secure people do not, on the whole, make good writers ....? ?Paul Johnson, The Quotable Paul...


Louisiana appellate seminar this Friday

Posted on March 24, 2008
The Louisiana State Bar Association is presenting an appellate seminar this Friday, March 28, in New Orleans, at the Sheraton on Canal Street. The theme of the seminar is ?Views From the Inside.? The people providing the insider?s view will...


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