The Trial Practice Tips Weblog

The Importance of Preparation

From Alex Craigie at At Counsel Table: "Killing Them Softly With Preparation"--

I rarely hold the opinion that I am the smartest guy in any room. But when I remind myself of this first “Horton Rule,” I am empowered with the notion that there is an additional X factor that I alone control: how much time and effort I devote to being the better prepared lawyer in the (court) room.

What's the "Horton Rule"? Read Craigie's full post to find out.

Legal Writing Around the Blogosphere

Here are two legal-writing posts that caught my eye today:

"Inside Straight: Writing For The Trash Or Writing To Be Read," by Mark Herrmann--

A very few lawyers write briefs that stand up and sing on the reader’s desk: The introductory paragraph draws the reader in; the statement of facts tells an interesting story; the argument engagingly (but compellingly) explains an issue, perhaps with a (very light) sense of humor.

"Simple Legal Writing a Newfangled Idea? Hardly," by Matthew Salzwede--

[F]or proof that a simple, direct writing style isn’t a newfangled idea, we need only consult some well-known 19th- and early-20th-Century writers and Supreme Court justices.

Legal Writing: Is Shorter Really Better?

You've heard the conventional wisdom. When writing a brief, make it short, because shorter is better.

But is it really? Based on the briefs I regularly see in my own practice, many lawyers don't seem to think so. Even in courts that have imposed page limits on briefs, lawyers routinely include motions with their overlong opuses seeking relief from the court's guidelines.

Continue reading "Legal Writing: Is Shorter Really Better?" in the archives.

Don't Ruin Your Opening Statement

From the Pretrial, Trial, Appellate & Evidence Blog: "Don't Ruin Your Opening Statement," which lists twenty-one pitfalls to avoid, including use of the past tense, losing eye contact, and reading from notes.

And here's a bonus from the same blog: "Closing Argument Pitfalls."