The Practice

Bryan Garner mourns the lost art of reviewing books

Once upon a time, bar journals and law reviews typically devoted many pages to book reviews. Now they’re a rarity for three primary reasons.

Jan 1, 2017 2:00 AM CST

Your body language during trial can be just as important as what you say

Law schools don’t have classes in body language, and a surprising number of trial lawyers never learn this lesson.

Dec 1, 2016 2:40 AM CST

How far can criticism of judges go under ethics rules?

When an attorney in Louisiana filed appellate pleadings that alleged misconduct by the trial judge in a case, it was the attorney—not the judge—who found herself in ethics hot water with the state supreme court.

Dec 1, 2016 2:30 AM CST

How to bring a more conversational style to your writing

When editing most lawyers’ work, I have little regard for the writer’s voice because most lawyers haven’t cultivated a discernible voice. What all legal writers should strive for is to be the voice of reason.

Dec 1, 2016 2:20 AM CST

Lawyer storytellers break free from the clock to deliver persuasive arguments

How do we order events and then move about in time when telling law stories?

Nov 1, 2016 2:30 AM CDT

Texas lawyers may use competitors’ names in keyword marketing

As more potential clients search for attorneys online, lawyers are finding new ways to gain a competitive advantage in advertising.

Nov 1, 2016 2:20 AM CDT

Parenthetical Habits: On the use and overuse of parentheses and brackets

In 1680, an anonymous “well-wisher to the attainments of children” wrote A Treatise of Stops, Points, or Pauses. At only 19 pages, this punctuation guide is a slight affair.

Nov 1, 2016 2:10 AM CDT

Lawsuits fail to loosen bar admission rules, but issue isn’t going away

Admission barriers are challenged as infringing on competitive and First Amendment rights, driving up litigation costs and disrupting the right to counsel.

Oct 1, 2016 3:00 AM CDT

Don’t underestimate the value of comedy in the courtroom

Not long ago in these pages, a column asserted that humor is misplaced in the courtroom and proscribed for attorneys: “Don’t Be Funny: Litigation is no laughing matter to your clients” (November 2015). There is some truth in the observations: Misguided humor can be dangerous in the courtroom, especially inappropriate “jokes.”

Sep 1, 2016 2:50 AM CDT

New Mexico high court urges judges to be discreet on social media

For most of its 37-page opinion in State v. Thomas, issued June 20, the New Mexico Supreme Court explained its finding that the convictions of Truett Thomas for murder and kidnapping violated the confrontation clause. The supreme court reversed the convictions and remanded the case for a new trial only on the murder charge because there was insufficient evidence to support the kidnapping conviction.

Sep 1, 2016 2:40 AM CDT

How using checklists can improve your writing

Have you ever noticed that you tend to make mistakes when you depart from a routine? You have a normal way of doing things, but then something unforeseen happens and you change your routine slightly.

Sep 1, 2016 2:30 AM CDT

What ‘Hamilton’ teaches lawyers about framing a story

The Broadway smash Hamilton teaches lawyers about framing a story.

Aug 1, 2016 2:40 AM CDT

Panel issues guidance on best-lawyer advertising

New Jersey committee says lawyers may advertise superlative rankings that have been verified.

Aug 1, 2016 2:30 AM CDT

Mindfulness plays role in educating lawyers to confront racism

Contemplative practices help equip lawyers to address racism and other ongoing issues.

Aug 1, 2016 2:20 AM CDT

Sharing fees with a lawyer outside the firm is OK as long as certain ethics rules are followed

One of the many stories about Huey P. Long—the legendary "Kingfish" who reigned over Louisiana politics during the 1920s and '30s—goes like this: When the future governor and U.S. senator sat for his oral bar exam in 1915, he faced questioning from noted admiralty lawyer George Terriberry, who asked him at one point what he knew about admiralty and maritime law. "Nothing at all," answered Long.

Jul 1, 2016 2:30 AM CDT