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Writing to the ear: clarity and simplicity help readers to 'hear' what you have to say

Article Abstract:

Lawyers are professional communicators handicapped by training in an obscure and confusing language, Legalese. Organization is the first step, starting with a brainstormed list of ideas followed by an outline. Short sentences with only one job each work best. Simple language suffices for most ideas, even complex legal ones. Common mistakes in legal writing include abuse of the passive voice, heavy footnoting, double negatives, and overuse of acronyms, procedural names, and terms such as 'former' and 'latter.'

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1995

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The art of persuasive legal writing: briefs come alive when every word sings to the reader

Article Abstract:

A good legal brief goes beyond proper sentence construction to discard weak or irrelevant ideas, taking the same risks in presenting its message that a trial lawyer does in presenting a case. Strong briefs focus on what they have to say, presenting a story that both speaks for itself and conveys facts that bring the reader to the author's side. Every point should be both good and useful, and each should be considered carefully before going into the brief, rather than written in and then edited out.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1996
Briefs, Legal briefs

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Don't take the bait; slipup on cross is cue for opponent to spring a surprise

Article Abstract:

Trial attorney cross-examining witnesses should remember they hold the advantage of picking the topics as long as they remain within the scope of the direct examination or deal with matters showing the witness's credibility. The attorney should also show there are other viewpoints on the topics under examination, avoid requesting information, particularly with expert witnesses, and watch for traps.

Author: McElhaney, James W.
Publisher: American Bar Association
Publication Name: ABA Journal
Subject: Law
ISSN: 0747-0088
Year: 1997
Cross-examination, Examination of witnesses, Cross examination, Witness examination

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Subjects list: Methods, United States, Legal composition, Lawyers
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