The Practice

Chicago lawyer pieces together a missing couple’s story to obtain a court ruling that they died

When Malaysia Airlines flight 370 vanished after takeoff from Kuala Lumpur on March 8, 2014, it never occurred to Richard Campbell that he'd be involved in some of the earliest litigation over the disaster—or any missing-plane-related litigation, for that matter.

Mar 1, 2015 6:20 AM CST

Why you should do your own legwork before putting your trust in a client

I was raised to be a naive and trusting person. This is not a good mindset for a lawyer. People sometimes lie, and being cautiously skeptical is a good thing. Being lied to is unpleasant, but it is much worse when the liar is your client, because those lies might get you sanctioned or disbarred. So the first rule of good lawyering is: Don't trust your client until you know he or she is telling the truth. I'll tell you about one of my first clients, and you'll see why I made up my mind to become a skeptic instead of a believer.

Mar 1, 2015 6:11 AM CST

Florida Bar restrictions on lawyer ads which cite past results is struck down by federal court

A Florida ethics rule interpreted by the state bar to prohibit lawyers from citing results from their past cases in radio and television commercials and indoor or outdoor display ads violates the First Amendment, according to a U.S. district court ruling that legal experts characterize as significant. The case reflects…

Mar 1, 2015 3:20 AM CST

Going beyond the evidence to spin a story for your jury

Trial storytelling is often highly creative and innovative. It is filled with aesthetic danger and strategic risk-taking—as are all forms of narrative art. But there is far more at stake for legal storytellers.

Feb 1, 2015 6:21 AM CST

Word choice influences the way jurors understand your argument

In some primitive cultures, names are thought to possess magical powers: Knowing someone’s name gives you some degree of power over that person. In those cultures, one’s true name is often known only to close family members—and another name is used by outsiders. In a “sophisticated” culture like ours, we…

Feb 1, 2015 2:20 AM CST

Bryan Garner offers a Magna Carta style guide

The Library of Congress has staged a magnificent exhibit on Magna Carta and its history. It is, after all, the 800th anniversary of the Great Charter of 1215. To commemorate the event, Justice Randy J. Holland of the Delaware Supreme Court has edited a book to accompany the exhibit: Magna Carta: Muse and Mentor, for which Chief Justice John G. Roberts Jr. has written a foreword.

Jan 1, 2015 5:52 AM CST

F. Lee Bailey loses his quest to practice law again after past misdeeds

F. Lee Bailey has enjoyed one of the most successful—and sensational—careers in modern American criminal law. In 1961, less than a year out of law school, Bailey became lead attorney for Sam Sheppard, an Ohio doctor convicted in 1954 of murdering his wife. A lengthy appeals process culminated in Bailey's successful argument before the U.S. Supreme Court in 1966 that Sheppard had been denied due process at trial. A new trial resulted in a not-guilty verdict.

Dec 1, 2014 5:30 AM CST

How are your punctuation skills? Try this comparison exercise to find out

My fellow lawyers often bristle when I tell them that, on the whole, our profession can't punctuate. It's rare that I don't have to change commas, colons or hyphens in almost every line of type in any brief or contract I review. But that's because I'm applying the standards of The Chicago Manual of Style, Words into Type, The Elements of Style (affectionately known as Strunk and White), or my own guide, The Redbook: A Manual on Legal Style. These guides are all in broad agreement about the elaborate cuing system we're supposed to use to help readers understand our sentences and paragraphs.

Dec 1, 2014 4:40 AM CST

How to regain the joy of reading

At a law firm retreat, a partner approached me during a break. She had a problem she hoped I could solve: "I can't read anymore. I've lost the ability. I used to read great literature—all the time—but now I can't. Ever since I went to law school, I find myself scouring whatever I'm reading to find what's most relevant. I skim for the main point—as if for a holding. But in literature, it's not there."

Nov 1, 2014 5:50 AM CDT

10 tips for better legal writing

Throughout your career as a lawyer, you’ll be judged professionally on two main things: your interpersonal skills and your writing. Although the requirements of writing assignments will vary depending on your organization, your supervisor and your clients, here are 10 pointers that will improve your work product. 1) Be sure…

Oct 1, 2014 3:00 AM CDT

A Tale of 2 Associates: How polish and attention to detail can win the motion

It wasn’t the first time that Jim, a fourth-year associate, had collaborated with Denise, a second-year—and it wouldn’t be the last. But much to her surprise, Denise’s editing of Jim’s draft motion was creating rancor. Denise had highlighted several grammar and punctuation errors in the draft. Jim had repeatedly written:…

Jun 1, 2014 8:30 AM CDT

The tortuous tale behind the 10th edition of the most widely cited lawbook in the world

People often ask how much Black’s Law Dictionary changes from edition to edition. The answer is a great deal. When West Publishing Co. asked me to become editor, I accepted on the condition that I’d have free rein to remake the grand old book to bring it in line with…

May 1, 2014 8:40 AM CDT

Ax these terms from your legal writing

William Cullen Bryant, editor of the New York Evening Post from 1829 until 1878, created an “Index Expurgatorius” for his newspaper. Certain words simply weren’t allowed in its pages. Likewise, James Gordon Bennett Jr., owner of the New York Herald from 1867 to 1918, had his “Don’t List.” For example,…

Apr 1, 2014 8:30 AM CDT

Face a classic word challenge and increase your personal power

After reading my April column, the redoubtable Judge Thomas M. Reavley—for whom I clerked when he was merely a sexagenarian (he’s now a nonagenarian)—called me to suggest a new book: one on the useful words that lawyers ought to know. A vocabulary-building book? “Perhaps,” he said. “Just whatever words you…

Sep 1, 2013 8:19 AM CDT

For the Word Lovers: A look at linguistic phenomena

How do you feel about hard words? You may think they’re dangerous because they turn off readers. That they’re boringly ostentatious. That they’re hopelessly pretentious. Yet technical terms undoubtedly have a place—not before juries, perhaps, but in the heads of those who appreciate words that denote ideas for which there…

May 1, 2013 8:00 AM CDT