RSS FeedThe Purpose of Legal Writing
By: Law is Cool Contributors · November 5, 2008 · Filed Under Humour ·
h/t Livia Jozsa of UofT Political Science (2008)
Comments
6 Responses to “The Purpose of Legal Writing”
Leave a Reply
Podcast Feeds
Hi Omar, you added my comic! Glad I could help contribute to your blog :) You spelled my name incorrectly, however… it’s Livia Jozsa.. ‘z’ before ’s’ :)
Also, as a sidenote… from what I’ve heard, I still don’t think legal writing is what the cartoon implies above. i.e. in the ‘legal writing’ course (in first year), the writing is encouraged to be more succinct & defined - a more disciplined form of writing. I think the ‘intimidating, impenetrable fog’ part comes in when reading actual cases or judicial reasoning? not necessarily from the students… (I hope!)
p.s. I feel somewhat deceiving reading that comment, as my tone almost appears authoritative in nature… I’m not (yet) in law school, but have a lot of friends who are and have personally heard their horror stories about how legal writing is the exact -opposite- of what the cartoon above implies… just wanted to say as a postnote. :) I posted this cartoon on my site… and Omar just grabbed it for his blog and gave credit. Soo… I am not liable for anything, end of story :)
cheers.
I think this cartoon illustrates some of the keys to legal writing.
Make things more complicated than they need be.
Use big words where simple ones will do.
Load up the sentences with words.
Load up the words with syllables.
its a new idea to reach through the people..
*************
Gomez
ahh I see what you’re saying Martin… true. Gomez’s comment… not so sure what he’s saying.. lol.
I know the comic is intended for humor (IE: it is a comic), but I just wanted to comment on the comments. When I entered law School in Michigan in 1989-1992(Graduated in 92) My first year legal reasearch & writing class which is a required course was somewhat of a blow to what I had learned throughout my life. Basically we were told & Taught to throw everything we had learned so far, out and learn to write very succinct & to stay on point. While this did not hinder my Cum Laude graduation -I am rumored to have filled up more blue books on each exam than the rest of the class put together. Even if the exam stated to address only the issues of topic I nevertheless always managed to inadvertently go off on tangents and write things like ” however, if the crime had been.. or however if the accident were not the prxomate cause… then.” I received mostly A’s”
In the real world you learn that law school does not prepare you for Active courtroom duty, Trials etc. This can be mastered only by doing. I believe the same is true for legal writing. The most important factor being, as it is in any form of writing; “KNOW YOUR TARGET AUDIENCE” Do your research, know what the Judge, or the Court of Appeals, or The Supreme Court Justices like to see and read in a brief. We all have our own style. Some like to read the large impressive intimidating words and some prefer the succint and to the point legal briefs.
The same is true for your clients. Many like for your letters to be easily readable and for you to use laymen words. Others, I have discovered. however appear to be far more impressed with lawyers who sound …well lawyerly…who use legal words. They feel like they are actually paying for someone who can actually do a much better job at writing than they can without their law degree)
Try to find a happy median. Use enough large words and whatever it takes to “inflate weak legal ideas” as long as you can back up your source and also keep your writing succint, brief and to the point. I have been trying to master that for 18 years yet and if this comment is indicative of how far I have come, I have a long way to go
Enjoyed the humorous comic & LOVE this Blog