Who’s afraid of legal writing in plain English? A lot of lawyers. Since I started writing about legal writing, I’ve been amazed at how entrenched so many lawyers seem to be against the notion that legal writing should be as easy to understand as possible to the widest audience possible.
But that notion seems to strike fear into the hearts of many, I suspect because it seems to strike at the traditional lawyering culture that in the post-Great Recession economy seems in danger of disintegrating.
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There are people who think “this is the way things have always been done, so no one will question me if I just keep doing it this way.” A lot of this kind of thinking seems to happen in bar associations. In a world of amazing innovation and wonderful new technology, a lot of bar associations are still trudging along well-worn paths. Not all of them, mind you, but many.
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Recently, I was talking to a lawyer about the ideal mix of business with pleasure, in the context of successful business development. This attorney observed that a lawyer in his firm with lots of clients seemed to devote most of his life to his practice. All of this successful lawyer’s social and community activities revolved around clients or potential clients. His personal life was hardly separate from his work life.
This lawyer I was speaking with wondered if he should take the same approach. Should he be marketing 24/7? I hate to sound like a lawyer, but the answer is both yes and no. First, I’ll provide the “yes” answer. Then, I’ll provide the “no” answer.
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At the end of this Bloomberg Law video, Above the Law’s Elie Mystal predicts law schools will split into two tiers, one for law students who are aiming to become white-shoe law firm partners and Supreme Court justices, and another for law students aiming for a middle-class existence in smaller markets.
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The right to a trial by jury in a criminal case is perhaps the most revered element of the American criminal justice system. Putting one’s fate in the hands of fellow citizens, rather than in the hands of the government, provides us with an important protection against government overreach or the politicization of criminal prosecutions. But can one really expect justice if the jury isn’t made up of one’s peers?
Another, perhaps even more important problem, is how a jury relies so heavily on eyewitness testimony to determine what in fact happened. Putting an eyewitness on the stand to either support or undercut the prosecution’s argument that the defendant did what the complaint or indictment said he did has long been considered the “gold standard” of evidence. This is the kind of evidence the jury will give more weight than any other. But the sad fact is that eyewitness testimony is notoriously unreliable.
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It is 1:30 in the morning, the night before I mediate a major medical malpractice case. I have spent dozens of hours in the last few weeks preparing. I tend to treat a big mediation the way I treat trial-I over prepare.
Preparation is my security blanket. I pride myself in knowing the case better than the other attorney. I spend hours crafting an opening which, if the mediation is unsuccessful, will lay the foundation for my later opening statement and closing argument in trial.
I spend hours crafting a PowerPoint, and then mercilessly pare it down the day before mediation. It isn’t time wasted–every minute spent reviewing testimony, editing video clips of stupid shit the defendant said, and anticipating defense arguments helps me to be as prepared as I can for my client.
I am as prepared as I can be for this mediation. For my client, I hope that I am successful. But ultimately, nothing I do, no outcome tomorrow, will change this fact:
My client will die.
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Earlier this week Bitter Lawyer published an article about salutations. Technically, the article was about valedictions, or the closing clause in an e-mail. Many commenters asked what they should be using, since the author argued against most of the common sign-offs. Unfortunately, The Atlantic Wire’s Guide to Advanced Digital Etiquette is useless on this issue. In my opinion, the answer is the same as it is for any legal question: it depends. You could take a formal approach, a satirical approach, or my favorite, the minimalist approach. But don’t use the same valediction all the time. It’s boring. And your standard automatic signature for one day may be totally inappropriate for another day.
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On the one hand, it’s nice that PDF documents are basically just electronic versions of paper documents. It makes it easier for non-techie people to wrap their heads around paperless documents. On the other hand, if you cannot get past that simple analogy, you aren’t taking advantage of the medium.
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Our firm hosted an open house last week. At the party, I had a chance to catch up with old friends, chat with acquaintances, and even meet some new people. The party flew by, and it was fun. I left completely energized by the event. I did not, however, always feel this way about networking events. Only a few years ago, my party plan involved attending legal events while clutching a trusty friend and rarely leaving his or her side. What changed?
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