This week we welcome back guest writer Tiffany Lo to discuss some important basics in legal writing.

Have you ever gotten a headache from reading a statutory provision that went on for ten lines? Or a sentence in a court opinion featuring too many dependent clauses? Or a legal brief with too much jargon or unnecessary words like herein or thereafter?

As a student of the law, I have always been puzzled by why legislators, attorneys, and judges express ideas in convoluted ways. I am also delighted when a legal brief or court ruling is clean and concise, without compromising on sharp and compelling analysis. [Read more…]

This week we welcome guest writer and 3L, Mark Livingston, to discuss how to get started with case briefing as a new law student.

I remember, not so fondly, the first case I tried to brief in law school. It was Todd v. Danner, 17 Ind. App. 368, 46 N.E. 829 (1897). I remember briefing this case, and because it was from 1897, it involved an incident with an unruly steer, and I had no idea how to brief it. The language used by the court was archaic and convoluted. I had no idea what was important or what I needed to include in my brief.

That first brief was awful. Despite the brevity of the court with its two-and-a-half-page decision, my brief weighed in at a cool six pages! I was way off course, and if all of my case briefs had turned out like that one, I would have been briefing my 1L cases after my retirement. I have since developed a few skills and approaches that have helped me streamline the process and cut through my cases like a champ.

[Read more…]