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Legal writing requires a distinct set of skills that makes it unique from nearly all other forms of writing. Traditionally, legal writing has been viewed as convoluted and indecipherable–so much so that the term “legalese” has its own dictionary entry. However, recently there has been a push to make legal writing more accessible to the general population. Legal documents are expected to be concise and clear–attributes that may not have been as highly valued in the past.
Legal writing is largely focused on presenting authoritative, persuasive arguments. This type of writing is largely seen in appellate briefs and other documents submitted to a court, where the attorney must convince a judge or other adjudicator of the merits of his or her position. Many courts have a specific format for the documents submitted to them, and lawyers are expected to follow this format flawlessly. These arguments are also bolstered through legal research - the identification and retrieval of information that's essential to making legal decisions. This research can include finding resources like previous cases and statues, digging through secondary sources like law dictionaries and encyclopedias, and even looking through non-law-related sources like newspapers for investigative information. All of these things are essential to building the groundwork for legal writing.
Legal writing also takes other forms. Drafting legal documents like wills and contracts is a vital aspect of many lawyers’ jobs. Poor drafting can often lead to drawn-out litigation and outcomes that neither the client nor the lawyer expected or desired. At times, legal writing needs to be an analysis of a legal problem, with a balanced look at all reasonable arguments. This generally occurs in intra-office memoranda, when a firm is deciding whether to accept a potential case or client.
Many lawyers don’t formally practice their legal research and writing skills after graduating from law school. Because legal writing is such a vital component of almost all legal jobs, most attorneys can benefit from a CLE course in legal writing. Both transactional lawyers and litigators regularly produce legal writing, and developing the skills necessary to create strong legal research and writing can be the difference between winning a case or gaining a client and losing them. Law professors are another large group who benefit from strong legal writing skills–the more clear and persuasive their writing, the more outlets they’re likely to find who are willing to publish their scholarly articles. These CLE courses can also benefit judges, law professors, paralegals, legislators, and anyone whose job involves some form of legal research and writing.
Effective legal writing is a necessary skill in the practice of law and lawyers do tend to write well. However, regardless of how effective a lawyer’s writing skills are, there is always something useful to be gained from a review of effective writing guidelines and advice. This presentation describes the basics of legal writing. All other types of legal writing are built on these basics. Several specific types of legal writing are then addressed with guidelines and ideas to help your writing remain effective.
Lawyers and staff are drowning in email, and many feel helpless when trying to get it under control. While communicating with clients via email may be quick and easy, there are ethical pitfalls that can cause problems for unwary lawyers. This program will cover how to efficiently store and organize email and attachments, successfully deal with high email volume, and communicate ethically and effectively with clients.
A quiet revolution is afoot. With every passing year, the legal world becomes increasingly dependent on technology. Changes have been coming for decades: computers have replaced typewriters; electronic filing has replaced hand‑delivery; and trial presentation software has replaced exhibit binders. Utilizing technology can improve your legal writing. This presentation introduces you to one easy-to-use tool that will help improve your legal writing and editing.
As lawyers, most of us spend our share of time writing – e-mails, letters, memos, motions, briefs. No matter how much we write or how good our writing is, we can always improve. In this one hour program, we will discuss the different ways that lawyers and law firms can improve their overall writing styles and habits.
Attorney Aaron Solomon and MBA and chaplain Meredith Parfet discuss the critical role of storytelling in communications, whether as a persuasive tool for lawyers, or as a component of crisis management for their clients. This course covers the cultural and cognitive role that storytelling plays, as well as ways it has been incorporated into legal pleadings, its excision from complaints under the Federal Rules, and its slow return. It then addresses the centrality of storytelling for clients, including such issues as the importance of controlling a public narrative, communicating with friends and family, and the danger of trying to stay totally silent. It presents concrete tools for finding and telling a story, such as a message map, stakeholder analysis, and message funnel. Finally, the course includes a case study of a high profile employment discrimination case and the role effective storytelling played in the outcome.
This one-hour course will provide attendees with a solid foundation for producing compelling written argument for oral argument that is backed by solid research. The course will also provide tips and tricks for producing clear and concise briefs and avoiding common pitfalls that often lead to losing a motion before setting foot in the courtroom.
In this program, Sean Smith will discuss how to avoid unforeseen consequences from using unnecessary and misunderstood boilerplate terms when drafting contracts. The clauses in a contract added from boilerplate language are often overlooked and infrequently negotiated. We will review the most common types of boilerplate clauses and what to consider when determining whether to use them in your clients’ contracts.
Plaintiffs’ lawyers now need to write more than ever – but they are faced with busy judges and need to compete with other litigants for the Court’s time. Join professional brief writer Jonathan Hilton as he explains how to fashion documents judges will look forward to reading. He explains his top ten tips: Five on how to help the judge spot your best arguments in less time, and five on how to make your clients more likable—and your clients’ stories more compelling. We round out the hour by looking at resources that will help you become a better brief writer moving forward.
Surrogacy contract drafting raises complex and delicate issues relating to attorney ethics. This advance program will explore ethical considerations and best practices when drafting surrogacy contracts. Attorney Colleen Quinn will address provide a tactful analysis of issues such as contingency or “what if” planning, managing client expectations, planning for enforceability and parentage, and where attorneys should or should not be involved.
Judges are granting more motions to dismiss—and getting past the starting gate is tougher than it was in past decades. Making matters worse, by the time you respond, the judge has already heard the defendant’s side of the story and may feel ready to dismiss your case. How can you make a comeback and ensure your case proceeds to discovery? Join professional brief writer Jonathan Hilton as he shares ten tips you can put into practice right away in opposing these common motions.
Drafting a trust can seem overwhelming. This course will help you navigate what kind of trust you will need as part of a Will or Revocable Trust and discuss key provisions that can be included. We will focus on practical drafting advice in order to ensure that attorneys have the tools necessary for success.
In this course, attorney Nate Osborn, will provide a detailed overview of the essential aspects of drafting real estate operating agreements. This course will take attorneys through the steps of drafting real estate operating agreements and help them understand the related legal considerations involved. Attorneys should walk away from this course with a practical understanding of how to best advise clients who want to form a real estate LLC.
Is your legal writing organized,
interesting, and, ideally, compelling? In part one of our Effective Legal
Writing series, Frederick “Rick” Alimonti takes on various aspects of legal
writing from basics such as organization, to weaving an effective story,
creating a plot, building tension, and harkening back to basic principles of
logic/“logos,” ethics/”ethos” and passion/”pathos.”
He will discuss the “hierarchy of
authority” in building your argument and how you can best deal with adverse
authority. This course will aim to help
make your writing more user-friendly and compelling.
What can Lincoln’s Gettysburg Address
teach us about composing the perfect argument? In part two of our Effective
Legal Writing series, Frederick “Rick” Alimonti will tell you and aim to make
your legal writing more user-friendly and compelling. From the perspective of
attorney, mediator, and published author, you will learn about the critical
phases of an argument, how to utilize the techniques of story-telling, and how
to take a devil’s advocate’s approach to your writing, particularly your
conclusions.
Writing effective legal briefs is an essential skill for successful lawyers. This course will provide practical tips for drafting your briefs and presenting your arguments clearly. From the perspective of a seasoned litigator and arbitrator, the course will offer guidance for best practices in structuring briefs, using citations effectively, overcoming writer’s block, and delivering a final product that will maximize your client’s chances to win.
This program will help attorneys learn how to effectively prepare themselves and their clients for mediation. Michael Brusca will explain the pros and cons of mediation, how to choose the right mediator, and how to develop your mediation statement to set yourself and your client up for success in mediation.
Effective legal writing is a necessary skill in the practice of law and lawyers do tend to write well. However, regardless of how effective a lawyer’s writing skills are, there is always something useful to be gained from a review of effective writing guidelines and advice. This presentation describes the basics of legal writing. All other types of legal writing are built on these basics. Several specific types of legal writing are then addressed with guidelines and ideas to help your writing remain effective.
Lawyers and staff are drowning in email, and many feel helpless when trying to get it under control. While communicating with clients via email may be quick and easy, there are ethical pitfalls that can cause problems for unwary lawyers. This program will cover how to efficiently store and organize email and attachments, successfully deal with high email volume, and communicate ethically and effectively with clients.
A quiet revolution is afoot. With every passing year, the legal world becomes increasingly dependent on technology. Changes have been coming for decades: computers have replaced typewriters; electronic filing has replaced hand‑delivery; and trial presentation software has replaced exhibit binders. Utilizing technology can improve your legal writing. This presentation introduces you to one easy-to-use tool that will help improve your legal writing and editing.
As lawyers, most of us spend our share of time writing – e-mails, letters, memos, motions, briefs. No matter how much we write or how good our writing is, we can always improve. In this one hour program, we will discuss the different ways that lawyers and law firms can improve their overall writing styles and habits.
