Legal Writing

Which fictional lawyer do you think is most true to life?

Three novels were named in May as finalists in the 2019 Harper Lee Prize for Legal Fiction. Each has a lawyer guiding the action. It’s quite a group of protagonists: a Sri Lankan-Canadian immigration attorney, a retired curmudgeon who lectures the neighbor kids on Goss v. Lopez, and a pioneering…

May 30, 2019 1:45 PM CDT

The benefits of 21st-century word processing tools for lawyers

It’s safe to say that the creation of documents is an inescapable part of practicing law. That’s why the invention of word processing software had such a tremendous impact on law firms in terms of both internal processes and cost.

May 23, 2019 6:00 AM CDT

What punctuation errors have you come across in your legal career?

In this month’s Bryan Garner on Words column, lawyer-lexicographer Bryan A. Garner explains the importance of punctuation and offers a quiz. “Attentiveness to punctuation is a matter of temperament, I’ve come to believe,” Garner writes. Some people get thrilled about punctuation, while others “see a reference to placement of periods…

May 9, 2019 3:30 PM CDT

It’s time to submit your story for the Ross Writing Contest for Legal Short Fiction

June 1, the deadline for the 2019 ABA Journal/Ross Writing Contest for Legal Short Fiction, is quickly approaching. Your original work of fiction should be no more than 5,000 words that illuminate the role of the law and/or lawyers in modern culture. The winner will receive a prize of $3,000…

May 9, 2019 2:15 PM CDT

You Have a Point There: Test your punctuation skills with a little quiz

Professional copy editors tend to edit by rules that can be studied and learned. For each passage, choose the best answer that says something true about the quiz sentence.

May 1, 2019 2:00 AM CDT

Old-fashioned textualism is all about interpretation, not legislating from the bench

Although some lawyers and judges will always care more about policy arguments, nobody can safely ignore grappling with textual arguments.

Apr 1, 2019 1:15 AM CDT

5th Circuit took my statements out of context, federal judge says in opinion

U.S. District Court Judge Keith Ellison is fighting back after a federal appeals court said he appeared to prejudge a case before the facts were in. In a decision filed March 11, Ellison said the 5th U.S. Circuit Court of Appeals at New Orleans had taken his words out of…

Mar 14, 2019 11:40 AM CDT

One-word error requires retrial of man convicted of double murder, judge rules

A Pennsylvania death-row inmate is entitled to a new trial because of a one-word error in a judge’s instruction on reasonable doubt, a judge has ruled. Judge Michael Bortner of York County granted the new trial to Noel Montalvo, who was convicted in 2003 in the 1998 stabbing deaths of…

Mar 13, 2019 7:00 AM CDT

Test your knowledge of these not-so-everyday words

Among language lovers, Johnson O’Connor is best known for his work in understanding how vocabulary augmentation is a major key in unlocking human potential. O’Connor used these words in the 1940s to test American adults, some college-educated and some not.

Mar 1, 2019 1:15 AM CST

Lawyers with depression can still zealously represent clients while embracing their humanity

The legal profession must stop pretending the proverbial emperor is wearing clothes. Contrary to popular belief, we’re only human. As a community, we can create emotionally safe spaces to discuss and seek treatment for a mental illness without stigmatized.

Feb 28, 2019 6:30 AM CST

Should defendants be forcibly medicated to be competent for trial?

When a defendant shows signs of mental instability, their competency to stand trial comes into question. The Supreme Court case Sell v. United States sets guidelines for when defendants should be forcibly medicated so that a trial can proceed. The ruling recommends that a judge order medication in select situations…

Feb 21, 2019 3:17 PM CST

Oops! ‘Meh’ parenthetical ended up in published federal decision

A federal judge’s case dismissal is getting some attention because of an apparent note-to-self that didn’t get removed from the published order. The writer was apparently dissatisfied with a statement summarizing the requirements for a false advertising claim. The parenthetical on page 11 reads: “(Meh I need a better rule…

Feb 14, 2019 11:15 AM CST

If lawyers made candy hearts, what would yours say?

Nothing says Valentine’s Day like a box of conversation hearts. If you’re a fan of the sweet treats, your heart might break over this recent news: The New England Confectionery Co., the makers of the iconic Sweethearts candies, went out of business last summer, according to CNBC. While the Spangler…

Feb 13, 2019 3:45 PM CST

Judging the judges: With all due respect, of course

Can judges get nasty and difficult? I have been retired from my litigation practice in Greater Toronto for about two years now. I am therefore in a good position to answer that question with all confidence and security, and above all without fear of repercussions.

Jan 31, 2019 6:30 AM CST

Westlaw Edge adds judicial citation analytics

Thomson Reuters on Monday released Precedent Analytics, a new feature to the Westlaw Edge research platform.

Jan 28, 2019 7:00 AM CST