Legal Writing in the News

In the age of technology many legal writers have found short cuts around the more tedious aspects of legal writing. However, over using those short cuts can have dire consequences for a case when used incorrectly.

Recently, a federal court dismissed a case because an attorney supported his claims by “copy and pasting” facts from a previous brief.

https://www.americanbar.org/groups/litigation/publications/litigation-news/top-stories/2021/copy-paste-brief-violates-federal-appellate-rules/?utm_medium=email&utm_source=salesforce_488342&sc_sid=00596184&utm_campaign=MK20CNTT&promo=MKCONTENT1&utm_content=&additional4=&additional5=&sfmc_j=488342&sfmc_s=45094790&sfmc_l=2198&sfmc_jb=203&sfmc_mid=100027443&sfmc_u=14206177

In a recent dissent Judge Warner of the Florida Supreme Court took an opportunity to correct a lawyer who used the default pronoun of “he” twice in his brief.

https://www.abajournal.com/news/article/dissent-warns-that-the-word-he-is-not-the-default-universal-personal-pronoun

 

Recently, a client named two large Texas law firms in a multimillion-dollar malpractice suit because of the misplaced use of the word “buyer.” The placement of the word substantially altered the meaning and purpose of the contract.

 

https://www.abajournal.com/news/article/one-word-in-a-contract-leads-to-310m-malpractice-suit-against-2biglaw-firms

In 2015 the Supreme Court acknowledged a Typo in 1928 opinion. This one-letter error changed the meaning of the relevant sentence; several subsequent Court opinions relied on the incorrect language.

https://www.abajournal.com/news/article/supreme-court-typo-in-1928-opinion-created-reign-of-error-law-prof-says

In the age of E-filing, lawyers must be aware of the perils that accompany modern technology. A fifth circuit attorney recently learned the hard way that an important filing can end up in your “junk mail” folder.

 

http:/https://www.abajournal.com/news/article/5th-circuit-warns-of-cautionary-tale-for-every-attorney-as-it-refuses-to-revive-lawsuit

Most legal writers spend very little time considering typeface. Most of us typically have an automatic typeface that we choose without much thought. The D.C. Circuit recently made its opinion of Garamond font quite clear, and legal writers should take note.

https://www.abajournal.com/news/article/dont-use-this-typeface-if-you-want-to-please-the-dc-circuit

In a recent Supreme Court decision, Justice Thomas included a new citation convention that The Bluebook does not recognize. This convention seeks to limit the frequency in which writers refer to multiple citations and quotes within parenthetical.

The unprecedented move has not gone unnoticed by legal scholars and news outlets.

https://www.abajournal.com/news/article/justice-thomas-goes-rogue-on-the-bluebook-with-cleaned-up-citation-to-the-delight-of-appellate-lawyers

Starting from the first day of law school few things will be suggested to students as frequently as attending office hours. Although attending office hours can help in all classes, legal writing’s subjective nature makes office hours in this class particularly important.

The following article gives law students some suggestions to get the most out of office hours.

 

https://abovethelaw.com/2016/10/how-not-to-use-office-hours/

Attention all grammar snobs a forthcoming article that will appear in the February 2021 edition of the magazine, The Arizona Attorney. The article will focus on some of the more hot button issues surrounding semi-colons including whether they are “snobs”.

https://lawprofessors.typepad.com/appellate_advocacy/2020/12/on-semicolons-and-interrobangs.html