Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word, 1st edition

Name: Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word
Price: 89.95 USD
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Author: Robert E. Bacharach
ISBN: 9781641056595

by Robert E. Bacharach

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Robert E. Bacharach Legal Writing: A Judge's Perspective on the Science and Rhetoric of the Written Word 1st edition

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1. INTRODUCTIONS

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Introductions fulfill different functions for various kinds of writing. For novelists and journalists, openings are designed to hook the reader’s interest. Legal writers need not hook a reader’s interest because legal writing is typically read out of obligation. Judges must read the briefs to determine who should prevail on a given issue, and attorneys must read others’ briefs to respond. So too with judicial opinions: Attorneys must read them to ascertain the governing legal rules.

2. ORGANIZATION

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Before starting to write, the writer should organize the text. This organization is often based on rigid adherence to a set pattern. For example, a writer might always start with the standard of review, followed by each proposition until every issue is discussed. But adherence to a pat formula is a mistake; legal writers should always think about the points to make and devise the most effective structure for each case.

3. HEADINGS

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Why use headings at all if they serve no purpose? Skilled writers should use headings when they serve the reader, and few readers are served by Roman numerals unaccompanied by text. On the other hand, textual headings can effectively aid readers by framing the analysis.

4. FACT SECTIONS

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Virtually all briefs and judicial opinions include a section summarizing the material facts. When drafting a factual summary, tell readers only what they need to know to understand the analysis that will follow. The factual summary should also be packaged in a way that is readily understandable. Summaries will be easily understood if they contain clear, simple topic sentences, focusing on what readers should know before they move to the analysis.

5. SENTENCES

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The building blocks of all legal writing are sentences. To write effective sentences, pay close attention to the role of subjects, verbs, and objects. But close attention to those roles is not enough; readers must be able to recognize the relationship of what they are reading to what has already been said.

6. PARAGRAPHS

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Effective paragraphs require skillful use of topic sentences and techniques to focus attention on the points to emphasize. This focus stems from the white space before and after the paragraph, highlighting its beginning and ending.

7. DICTION

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Effective paragraphs and sentences begin with the tools for any text: words. When choosing words, strive to be understood and to persuade. As Mark Twain said, “The difference between the almost right word and the right word is really a large matter—’tis the difference between the lightning-bug and the lightning.”

8. GRAMMAR

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The function of grammar rules is pragmatic: Educated readers expect prose to follow established grammar rules; deviations from these rules could momentarily stump educated readers. Deviation from established grammar rules may thus distract the reader, and with distraction comes confusion and dilution of impact.

9. CONCLUSIONS

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To write effectively, build the legal arguments throughout the document. By the end, the logic of your argument should be clear. But you can ensure clarity by adding a conclusion. Don’t just wrap up with a single sentence; crystallize what you have developed by ending strongly, concisely reminding the reader of the core points for your argument.

10. QUOTING

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Quotations are sometimes effective but are often overused. Avoid quoting language that can be effectively paraphrased: The reader will pay more attention to your words than to your quoted language. For example, in stating the standard for summary judgment or the standard of review, you may be tempted to quote what another court has said. But why do that? When the particular language is unnecessary, consider paraphrasing rather than quoting.

11. TYPOGRAPHY

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Typography is the style and appearance of printed matter. Style and appearance are often subjective in prose, just as they are in art. But some principles of typography facilitate understanding and impact in prose as in art, for the appearance of words can affect visual perception and enhance memory.

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"A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law

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Edition: 1st

ISBN: 9781641056595

Publisher: American Bar Association

Published: May 12, 2020

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PREFACE

PROLOGUE

ABOUT THE AUTHOR

1. INTRODUCTIONS

1.1. Context

1.2. Deciding Where to Begin

1.3. Identifying the Issue

1.4. Stating the Conclusion and Rationale

1.5. Concision

1.6. Identifying the Structure

2. ORGANIZATION

2.1. Guiding Principles

2.1.1. USING A PARALLEL STRUCTURE

2.1.2. USING A LOGICAL SEQUENCE

2.1.3. DEVELOPING YOUR POINT BEFORE RESPONDING TO THE ADVERSARY

2.2. Editing for Clarity

2.3. Choosing the Sequence

2.4. Making the Organization Explicit

3. HEADINGS

3.1. Using Textual Headings

3.2. The Purpose of Headings

3.3. Focusing the Reader’s Attention

4. FACT SECTIONS

4.1. Clarity

4.2. Organization

5. SENTENCES

5.1. Transitions

5.1.1. THE FUNCTION OF TRANSITIONS

5.1.2. PUTTING OLD INFORMATION BEFORE NEW INFORMATION

5.1.3. STARTING A SENTENCE WITH CONJUNCTIONS

5.2. Sentence Length

5.3. Separation of Subject and Verb

5.4. Emphasis

5.4.1. REPETITION

5.4.2. PLACEMENT WITHIN THE SENTENCE

5.4.3. PLACEMENT IN THE PARAGRAPH

5.4.4. USE OF PUNCTUATION

5.4.5. INVERSION OF SENTENCES

5.4.6. ANTONOMASIA

5.4.7. METAPHOR AND SIMILE

5.4.8. APHORISM

5.4.9. LITERATURE AND ART

5.5. Use of Nouns

5.5.1. CONCRETE NOUNS

5.5.2. NOMINALIZATION

5.5.3. NOUN PLAGUE

5.5.4. NOUN PHRASES AS SUBJECTS

5.6. Vivid Verbs

5.7. Expletives

5.8. Throat Clearing

5.9. Active and Passive Voice

5.10. Adjectives and Adverbs

5.10.1. COUPLETS OF NOUNS/ADJECTIVES AND VERBS/ADVERBS

5.10.2. USE OF NOUNS AS ADJECTIVES

5.10.3. USE OF THAT AS A COMPLEMENT

6. PARAGRAPHS

6.1. Function

6.2. Topic Sentences

6.3. Building on the Topic Sentence

6.4. Referring to Authorities

6.5. Sentence Pattern

7. DICTION

7.1. Using Simple Language

7.2. Elegant Variation

7.3. Avoiding Redundancies

7.4. Replacing a Phrase with a Word

7.5. Avoiding Legalese and Latin

7.6. Clichés and Vogue Words and Phrases

7.7. Referring to Parties and Other Entities

7.7.1. ACRONYMS

7.7.2. PARTIES’ NAMES RATHER THAN THEIR LITIGATION STATUS

7.8. Usage

8. GRAMMAR

8.1. Punctuation

8.1.1. DESCRIPTIVE INFORMATION

8.1.2. TERMINAL PUNCTUATION

8.1.3. SEMICOLONS

8.1.4. COMPOUND ADJECTIVES

8.1.5. BULLET POINTS

8.2. Pronouns

8.2.1. REFERENT

8.2.2. USE OF THE CORRECT FORM

8.2.3. SINGULAR AND PLURAL FORMS

8.2.4. REFLEXIVE PRONOUNS

8.2.5. INTENSIVE PRONOUNS

8.3. Gerund Phrases

8.4. Dangling Participles

8.5. Dangling Infinitives

8.6. Contractions

8.7. Modifiers

8.7.1. PLACEMENT

8.7.2. CONTENT

8.8. Use of Nouns

8.8.1. COLLECTIVE NOUNS

8.8.2. COMPOUND NOUNS

8.8.3. SINGULAR OR PLURAL

8.9. Verbs

8.9.1. NUMBER

8.9.2. TENSE

8.9.3. PERSON

8.9.4. COMPOUND PREDICATES

8.10. Adverbs

8.11. Parallelism

8.12. Prepositions and Prepositional Phrases

8.12.1. PLACEMENT

8.12.2. PREPOSITIONS WITH VERBS

8.12.3. ENDING A SENTENCE WITH A PREPOSITION

8.13. Possessives

8.14. Hyphens

8.15. Correlative Conjunctions

9. CONCLUSIONS

10. QUOTING

10.1. Overuse

10.2. Weaving the Quote into Your Point

10.3. Avoiding Boilerplate Quotes

10.4. Excising Immaterial Parts and Block Quotations

11. TYPOGRAPHY

11.1. Page Layout

11.2. Punctuation Styles

11.3. Fonts

11.4. Character Spacing

11.5. All Caps

11.6. Headings

11.7. Bulleted Lists

11.8. Justification

11.9. Spacing between Sentences

12. INDEX

The author, the Honorable Bob Bacharach, obtained his J.D. from Washington University School of Law, where he graduated Order of the Coif, served on the law review’s executive editorial board, and received the Mary Collier Hitchcock Prize for the best Note (student article) in the law review. Upon graduation, he clerked for the Honorable William J. Holloway, Jr., who was the Chief Judge of the Tenth Circuit Court of Appeals. After this clerkship, Judge Bacharach practiced litigation at Crowe & Dunlevy, P.C., where he was a shareholder. He was then appointed as a U.S. Magistrate Judge and served as a magistrate judge for roughly 14 years. Judge Bacharach was then appointed to the Tenth Circuit Court of Appeals, where he has served for over seven years.

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