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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, 2008The 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, 2008To 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, 2008Daily 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, 2008Daily 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...
A reminder about the 5th Circuit?s ?Practitioner?s Guide?
Posted on May 13, 2008Like 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, 2008If 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, 2008Like 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, 2008God bless Word Sell for posting George Carlin?s take on airline euphemisms. Enjoy.
Grammar: Something white people like
Posted on May 12, 2008If 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, 2008Presentation 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, 2008Here?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, 2008C-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, 2008Here 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, 2008Roy 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, 2008Congress 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, 2008My 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, 2008Thanks 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, 2008The 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, 2008Prof. 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, 2008Over 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, 2008Ken 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, 2008Sometimes 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, 2008John 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, 2008For 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, 2008For 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, 2008Mark 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, 2008A 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, 2008Today???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, 2008Today?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, 2008The 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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Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...

Did I harass someone?
Oh, yes. This can be taken in as so many things, especially since you had testif...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
This has happened 3 or 4 times a month now- they have turned the electric off 2 days consecutively, the water off about 9 or 10 times now, and our heat has broken 5 times (once it would not shut off, and we were forced t
i say stick with the apartment. eventually, everything possible will be replaced...
The company I worked for forced me to quit instead of dealing with someone harassing me, what can I do?
Look up CONSTRUCTIVE DISCHARGE...................this looks like what happened t...








