Practice Matters

Bryan Garner shares brief-writing advice from the late Supreme Court Justice Wiley B. Rutledge

Readers of this column are familiar with my occasionally interviewing long-dead authors. Today’s interviewee is U.S. Supreme Court Justice Wiley B. Rutledge (1894–1949).

Feb 1, 2022 1:10 AM CST

To recuse or not? Investigations into federal judges’ financial interests spark debate

In September, the Wall Street Journal reported that between 2010 and 2018, more than 130 federal judges failed to recuse themselves from 685 cases in which they or family members owned stock. When brought to their attention, the judges offered all manner of reasons for the statutory violations, including flawed internal procedures, lack of awareness that their spouse’s holdings mandated recusal and the mistaken belief that shares in an account run by a money manager were an exception.

Feb 1, 2022 1:00 AM CST

What elite athletes like Naomi Osaka and Simone Biles can teach lawyers about performance anxiety

Whether you are a law student, a litigator or a premier athlete such as Osaka or Biles, if you feel unsafe in that environment, no amount of badgering or cajoling or “just do it” or “fake it till you make it” mentality is going to work. What does work?

Dec 1, 2021 1:10 AM CST

How to effectively use legal dictionaries

Many dictionary users don’t realize the extent of the improvements that take place from edition to edition of a dictionary. Perhaps that’s especially true with Black’s Law Dictionary, which has been substantially remade over the past quarter-century.

Dec 1, 2021 1:00 AM CST

Prosecutorial ethics are getting a fresh look from criminal justice reformers

With the renewed focus on criminal justice reform, ethics complaints involving prosecutors are making the news and taking center stage. Prosecutorial decision-making is often less scrutinized or punished by courts and professional conduct boards. But the stakes are high in criminal cases, and ethics experts say whether they are intentional or negligent, there isn’t enough focus on behind-the-scenes actions in DA offices.

Dec 1, 2021 12:50 AM CST

What’s wrong with legal writing?

By diminishing law students’ belief in the power of storytelling, we rob them of the creativity and legal imagination crucial for effective lawyering, writes Philip N. Meyer, a professor at Vermont Law School and the author of Storytelling for Lawyers.

Oct 1, 2021 2:00 AM CDT

Bryan Garner touts the Michigan Bar Journal’s celebration of plain English

The Michigan Bar Journal has just reached a landmark of 37 years in sustaining its monthly column on plain language in the law. Over the years, the column has exploded all the various myths about plain language in the law.

Oct 1, 2021 1:50 AM CDT

Florida Supreme Court order on diversity in CLEs devalues the legal profession’s inclusion goals, experts say

Widespread opposition has emerged regarding a controversial order issued by the Florida Supreme Court in April prohibiting approval of continuing legal education that uses “quotas based upon race, ethnicity, gender, religion, national origin, disability or sexual orientation.”

Oct 1, 2021 1:40 AM CDT

11 survival tips for first-year associates

Even many summer associate positions fail to provide a realistic picture of what it is like to be an associate—or worse, they intentionally paint a false picture. After years of living through, talking about and guiding others through this process—including doing so formally as part of our firm’s associate development committee—we thought we would pass along some tips to the next generation of young associates.

Aug 1, 2021 12:50 AM CDT

How to budget your day while moving through your motions

Let’s review the situation: You’re an experienced litigator, and it’s your first day of work as assistant attorney general in your state. You’ve just finished the first of three motions that are due today. You’ve written a one-page motion to consolidate two cases in the state supreme court.

Aug 1, 2021 12:40 AM CDT

There is strength in silence

Three of the most essential tools that should be in every lawyer’s toolbox are silence, active listening and critical thinking. And they are connected.

Jun 1, 2021 1:10 AM CDT

How to craft your legal writing on the clock

Recall the situation: It’s the first day of your new job as an assistant attorney general in your state. You’re an experienced litigator, and you put in for the position touting your skill as a writer. You were told that it would be a demanding job, but you figured that your experience in private practice has been as demanding as anything the new position might present.

Jun 1, 2021 1:00 AM CDT

Can replacing hierarchies with a hive mentality transform our profession?

A hive switch is a phenomenon that occurs when individuals realize they have become part of and fused within a collective; they transcend self-interest and invest in something larger than themselves.

Apr 1, 2021 1:10 AM CDT

Your recipe for effective legal writing

If it were a baking competition, the judges would be interested in both style and substance. But these aren’t baker judges you’re attending to: They’re judicial officers. They’ll want to see how sound your arguments are, and they’ll be influenced somewhat by the presentation.

Apr 1, 2021 1:00 AM CDT

What is a lawyer’s ethical duty to check out a client’s claim before filing an action?

When a lawyer files an action based on an unfounded legal theory, he or she could be subject to sanctions or disciplinary action ranging up to disbarment. Experts say lawyers have a duty to investigate whether their clients’ accusations have support or are without merit.

Apr 1, 2021 12:50 AM CDT