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Legal Writing

453 ABA Journal Legal Writing articles.

You Have a Point There: Test your punctuation skills with a little quiz

Professional copy editors tend to edit by rules that can be studied and learned. For each passage, choose the best answer that says something true about the quiz sentence.

May 1, 2019 2:00 AM CDT

Old-fashioned textualism is all about interpretation, not legislating from the bench

Although some lawyers and judges will always care more about policy arguments, nobody can safely ignore grappling with textual arguments.

Apr 1, 2019 1:15 AM CDT

5th Circuit took my statements out of context, federal judge says in opinion

U.S. District Court Judge Keith Ellison is fighting back after a federal appeals court said he appeared to prejudge a case before the facts were in. In a decision filed March 11, Ellison said the 5th U.S. Circuit Court of Appeals at New Orleans had taken his words out of…

Mar 14, 2019 11:40 AM CDT

One-word error requires retrial of man convicted of double murder, judge rules

A Pennsylvania death-row inmate is entitled to a new trial because of a one-word error in a judge’s instruction on reasonable doubt, a judge has ruled. Judge Michael Bortner of York County granted the new trial to Noel Montalvo, who was convicted in 2003 in the 1998 stabbing deaths of…

Mar 13, 2019 7:00 AM CDT

Test your knowledge of these not-so-everyday words

Among language lovers, Johnson O’Connor is best known for his work in understanding how vocabulary augmentation is a major key in unlocking human potential. O’Connor used these words in the 1940s to test American adults, some college-educated and some not.

Mar 1, 2019 1:15 AM CST

Lawyers with depression can still zealously represent clients while embracing their humanity

The legal profession must stop pretending the proverbial emperor is wearing clothes. Contrary to popular belief, we’re only human. As a community, we can create emotionally safe spaces to discuss and seek treatment for a mental illness without stigmatized.

Feb 28, 2019 6:30 AM CST

Should defendants be forcibly medicated to be competent for trial?

When a defendant shows signs of mental instability, their competency to stand trial comes into question. The Supreme Court case Sell v. United States sets guidelines for when defendants should be forcibly medicated so that a trial can proceed. The ruling recommends that a judge order medication in select situations…

Feb 21, 2019 3:17 PM CST

Oops! ‘Meh’ parenthetical ended up in published federal decision

A federal judge’s case dismissal is getting some attention because of an apparent note-to-self that didn’t get removed from the published order. The writer was apparently dissatisfied with a statement summarizing the requirements for a false advertising claim. The parenthetical on page 11 reads: “(Meh I need a better rule…

Feb 14, 2019 11:15 AM CST

If lawyers made candy hearts, what would yours say?

Nothing says Valentine’s Day like a box of conversation hearts. If you’re a fan of the sweet treats, your heart might break over this recent news: The New England Confectionery Co., the makers of the iconic Sweethearts candies, went out of business last summer, according to CNBC. While the Spangler…

Feb 13, 2019 3:45 PM CST

Judging the judges: With all due respect, of course

Can judges get nasty and difficult? I have been retired from my litigation practice in Greater Toronto for about two years now. I am therefore in a good position to answer that question with all confidence and security, and above all without fear of repercussions.

Jan 31, 2019 6:30 AM CST

Westlaw Edge adds judicial citation analytics

Thomson Reuters on Monday released Precedent Analytics, a new feature to the Westlaw Edge research platform.

Jan 28, 2019 7:00 AM CST

Reed Smith partner cites ‘Animal House’ and Tweety Bird, leading to scolding by federal judge

A Reed Smith partner who has filed briefs citing Animal House and Tweety Bird in his defense of a Russian company received a scolding on Monday from a federal judge who told him his latest brief was “unprofessional, inappropriate and ineffective.” U.S. District Judge Dabney Friedrich told the lawyer, Eric…

Jan 8, 2019 9:38 AM CST

Da Vinci’s code: Lawyers can draw valuable lessons from Walter Isaacson’s ‘Leonardo da Vinci’

With winter’s chill now in full force, I recall sitting in a beach chair in late August on a spit of sand on the rocky Maine coast reading Walter Isaacson’s marvelous book Leonardo da Vinci. I have been completely absorbed by the book, and it seems as if I have…

Jan 1, 2019 2:20 AM CST

Plain talk: A conversation on simplicity with Rudolf Flesch

Seeking to bring the scientific method to bear on readability, Rudolph Flesch advocated a simple and direct style of writing: short paragraphs, short sentences, few prefixes and suffixes, and relative informality. He developed two measures for assessing readability: (1) reading ease and (2) human interest.

Jan 1, 2019 2:15 AM CST

Top 10 most-read legal news stories of 2018

Lawyers busy with research, conferences and other high-concentration tasks sometimes need a break. So it’s no surprise that the most-viewed articles on our website tend toward water-cooler topics, or that readership tends to peak at midmorning and lunch hours. Check out the site’s most-read articles in 2018, with updates on the latest developments.

Dec 21, 2018 2:11 PM CST

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