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Thursday, March 17, 2011

Y! Alert: Texas Lawyer


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Commentary: Take the Plain-English Push With a Grain of Salt Top
Legalese has been stubbornly persistent, writes Martin J. Siegel. As Adam Freedman recounts in his book "The Party of the First Part: The Curious World of Legalese," the House of Commons passed a law banning the use of Latin and other foreign languages in legal proceedings in 1731. But when lawyers howled at this abominable leveling designed to make them sound like their unlearned clients, Parliament relented. Habeas corpus survived the chopping block and landed safely in the U.S. Constitution.
 
Commentary: Clarity Enables Understanding, Permitting Persuasion Top
Readers can't be persuaded until they understand what they are reading, and they can't understand what isn't clear, writes Kenneth F. Oettle. Clarity is so important and so lacking in the average brief that courts hunger for it. If you provide it, they will be grateful and will reward you. One of the recurring tasks of a brief writer, whether for summaries, point headings, preliminary statements or conclusions, is to distill the essence of an argument.
 

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