Thursday, December 22, 2022

"Law is all about words"

Yesterday's DJ had Reza Torkzadeh and Allen Wilkinson's article Powerful Legal Communication, which features many good quotes about words and legal writing:

  • "Words are, of course, the most powerful drug used by mankind." - Rudyard Kipling
  • In one study of federal appellate justices commenting on the quality and effectiveness of briefs, it was concluded that "[w]hat judges really want is shorter, harder hitting briefs." (Kristen K. Roberts, The Inside Scoop: What Federal Judges Really Think About the Way Lawyers Write, 8 J. Legal Writing Institute 257 (2002).)
  • Judge Richard A. Posner once scolded the parties to an appeal where the briefs totaled 250 pages, 31 of which consisted of the district court's opinion; the other 219 pages were for the parties' arguments. Wrote Posner: "There is no justification for such verbosity. These two consolidated cases are simple and straightforward. Our opinion is seven pages long, and while such compression is not to be expected of the parties, they should have needed, and used, no more than 100 pages at the most to present their claims fully." (Pinno v. Wachtendorf (7th Cir. 2017) 845 F.3d 328, 331-332.)
  • Ruth Bader Ginsburg said: "Any profession has its jargon. . . . I can't bear it. I don't even like legal Latin. If you can say it in plain English, you should."
Bloomberg Law has Michelle Kallen's article The Ins and Outs of Navigating a Successful Appellate Practice.