How to verify proper spelling and understand that words change over time

A law office is a kind of publishing house. We issue legal documents to be read sometimes by small audiences, sometimes by large ones. Because we’re a literary profession, we want to get things right.

Jun 1, 2022 2:00 AM CDT

Should the Model Rules have a due diligence standard for money laundering?

In recent years, concerns have arisen over whether attorneys have failed to exercise due diligence in ensuring their clients are not engaged in money laundering. Those concerns escalate when the money laundering may be tied to the financing of terrorism-related activities.

Jun 1, 2022 1:50 AM CDT

No Return: How I learned to find work-life balance during the COVID-19 pandemic

Apr 1, 2022 1:20 AM CDT

Grammar Rules: The case of the unhyphenated phrasal adjectives

Before this honorable court is the complaint of Marian Short-Dash, who accuses her local newspaper, the Blunderbuss Clarion, of omitting “obligatory hyphens” from phrasal adjectives, thereby impairing her ability to read without annoyance.

Apr 1, 2022 1:10 AM CDT

If you want to retain more women in law firms, ask women what they need

“I spent nearly 10 years at a world-class international law firm that had disproportionately more men than women at the partnership level,” says attorney Megan Elizabeth Gray. “And while the number of women who entered the firm was the same as men, the number of women who left was greater. Why was that? It was a question I devoted a lot of time to exploring.”

Feb 1, 2022 1:20 AM CST

Bryan Garner shares brief-writing advice from the late Supreme Court Justice Wiley B. Rutledge

Readers of this column are familiar with my occasionally interviewing long-dead authors. Today’s interviewee is U.S. Supreme Court Justice Wiley B. Rutledge (1894–1949).

Feb 1, 2022 1:10 AM CST

To recuse or not? Investigations into federal judges’ financial interests spark debate

In September, the Wall Street Journal reported that between 2010 and 2018, more than 130 federal judges failed to recuse themselves from 685 cases in which they or family members owned stock. When brought to their attention, the judges offered all manner of reasons for the statutory violations, including flawed internal procedures, lack of awareness that their spouse’s holdings mandated recusal and the mistaken belief that shares in an account run by a money manager were an exception.

Feb 1, 2022 1:00 AM CST

What elite athletes like Naomi Osaka and Simone Biles can teach lawyers about performance anxiety

Whether you are a law student, a litigator or a premier athlete such as Osaka or Biles, if you feel unsafe in that environment, no amount of badgering or cajoling or “just do it” or “fake it till you make it” mentality is going to work. What does work?

Dec 1, 2021 1:10 AM CST

How to effectively use legal dictionaries

Many dictionary users don’t realize the extent of the improvements that take place from edition to edition of a dictionary. Perhaps that’s especially true with Black’s Law Dictionary, which has been substantially remade over the past quarter-century.

Dec 1, 2021 1:00 AM CST

Prosecutorial ethics are getting a fresh look from criminal justice reformers

With the renewed focus on criminal justice reform, ethics complaints involving prosecutors are making the news and taking center stage. Prosecutorial decision-making is often less scrutinized or punished by courts and professional conduct boards. But the stakes are high in criminal cases, and ethics experts say whether they are intentional or negligent, there isn’t enough focus on behind-the-scenes actions in DA offices.

Dec 1, 2021 12:50 AM CST

What’s wrong with legal writing?

By diminishing law students’ belief in the power of storytelling, we rob them of the creativity and legal imagination crucial for effective lawyering, writes Philip N. Meyer, a professor at Vermont Law School and the author of Storytelling for Lawyers.

Oct 1, 2021 2:00 AM CDT

Bryan Garner touts the Michigan Bar Journal’s celebration of plain English

The Michigan Bar Journal has just reached a landmark of 37 years in sustaining its monthly column on plain language in the law. Over the years, the column has exploded all the various myths about plain language in the law.

Oct 1, 2021 1:50 AM CDT

Florida Supreme Court order on diversity in CLEs devalues the legal profession’s inclusion goals, experts say

Widespread opposition has emerged regarding a controversial order issued by the Florida Supreme Court in April prohibiting approval of continuing legal education that uses “quotas based upon race, ethnicity, gender, religion, national origin, disability or sexual orientation.”

Oct 1, 2021 1:40 AM CDT

11 survival tips for first-year associates

Even many summer associate positions fail to provide a realistic picture of what it is like to be an associate—or worse, they intentionally paint a false picture. After years of living through, talking about and guiding others through this process—including doing so formally as part of our firm’s associate development committee—we thought we would pass along some tips to the next generation of young associates.

Aug 1, 2021 12:50 AM CDT

How to budget your day while moving through your motions

Let’s review the situation: You’re an experienced litigator, and it’s your first day of work as assistant attorney general in your state. You’ve just finished the first of three motions that are due today. You’ve written a one-page motion to consolidate two cases in the state supreme court.

Aug 1, 2021 12:40 AM CDT