Effective Writing


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Effective Writing: A Handbook with Stories for Lawyers offers specific advice on how to write effectively the many kinds of writing lawyers do in actual practice.. It considers what makes writing effective in letters of various kinds, forms, bills, the many kinds of writing done through the trial, writing for an appeal, contracts, and writing for wills and trusts.



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Published 05 March 2003
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EAN13 9780972477260
Language English
Document size 1 MB

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I’ve had complaints about bills for conferences that involved a lot of lawyers. I’ve never had a complaint about writing. —A trial lawyer Judge to lawyer Effective who had number paragraphs with Roman numerals: There’s no harm “If you think Roman in asking: “Has the numerals are so great, court had time to Writing send your clients review the papers?” their bills in Roman If the answer is yes, numerals!” do not recite what the judge has read.
A Handbook with Stories for Lawyers
A veteran judge from Arkansas once asked a group of judges at a writing seminar if they would say: “Dear, that is the best apple pie you’ve ever made. May I have another piece of said pie?
John Phelps Warnock, J.D., M.A. (Oxon) with Harold C. Warnock, LL.B.
Effective Writing A Handbook with Stories for Lawyers
Effective Writing A Handbook with Stories for Lawyers
John Phelps Warnock, J.D, M.A. (Oxon) with Harold C. Warnock, LL.B.
Parlor Press West Lafayette, Indiana www.parlorpress.com
Parlor Press LLC, West Lafayette, Indiana 47906
© 2003 by Parlor Press All rigts reserved. Printed in te United States of America
S A N: 2 5 4 - 8 8 7 9
Library of Congress Control Number: 2003101596
Effective Writing: A Handbook wit Stories for Lawyers  by Jon Pelps Warnock, wit Harold C. Warnock Includes index. Contents: Introduction – Writing troug te day – Writing troug te trial – Writing troug te appeal – Writing for te future : contracts and wills and trusts – Rewrite for effectiveness – Cecklist inventory – Index of topics 1. Warnock, Jon Pelps 1941— . 2. Warnock, Harold C. 1912 — 1997. 3. Legal composition. 4. Law—United States—language. 5. Law—United States—metodology. 6. Retoric. I. Title
ISBN 0-9724772-7-6 (Paper) ISBN 0-9724772-4-1 (Clot) ISBN 0-9724772-6-8 (Adobe Acrobat eBook)
Parlor Press, LLC is an independent publiser of scolarly and trade titles in print and multimedia formats. his book is also available in clot and paper, as well as in Nigt Kitcen (TK3) formats, from Parlor Press on te WWW at ttp://www.parlorpress.com. For submission information or to find out about Parlor Press publications, write to Par-lor Press, 816 Robinson St., West Lafayette, Indiana, 47906, or e-mail editor@parlorpress.com.
Hal Warnock, 1912-1997 Honest Lawyer One Flight Up
Effective Writing
General Table of Contents
1 Introduction1
The Authors 1 Statement of the Case: “Effective Legal Writing” Should be Distinguished from “Good Legal Writing” 2 Prepare to Write Effectively: Habits of Mind and Practice 6 Writing and Effective Billing 17
2 Writing through the Day21
Facts 22 Forms 28 Letters 35 SpeciIc Kinds ofLetters 44
3 Writing through the Trial51
Writing toward the Trial 52 Writing toward the Settlement 59 Writing to Ask the Judge for an Order: Motions 64 Writing at the End of Trial 73 Writing to Keep Clients SatisIed 76
4 Writing through the Appeal78
Making the Record 78 The Effective Notice of Appeal 79 Designating the Record 81 The Brief 81 The Appellee’s Brief 94 The Reply Brief 95
5 Writing for the Future: Contracts and Wills and Trusts96
The Memorandum of Contract 96 Wills and Trusts 115
6  Rewrite for Effectiveness121
Rewrite to Develop Thinking 123 Rewrite Drafts for Readers 131
Checklist Inventory176 Index of Topics179
Effective Writing
Detailed Table of Contents Acknowledgments xv Statement of the Case 21 Introduction1 I t i # The Authors 1 Prepare to Write Effectively: Habits of Mind and Practice 6 Checklist: Habits of Mind and Practice 6 Notice Effective Writing 7 Get Help from Others on Your Writing 7 Recognize That Writing Is a Powerful Tool for Thinking 8 Understand the Importance of Planning 9 Understand That Revision Is Crucial to Effective Writing11 Use the Available Technologies—and Recognize their Limitations 12 Dictating Machines 12 Word Processors 13 Fax Machines and Email 14 Electronic Databases 14 Document Assembly and Expert Systems 15 Writing and Effective Billing 17 The Practice of Fact 222 Writingthrough the Day21 r gh the Day # Facts 22 How to Develop Facts23 How to Give Telling Accounts of Facts 24 Let the Facts Speak for Themselves 26 Do Not Offer the Opponent’s Version 26