Monthly Archives: September 2010

Line length in briefs

“As a general principle, those seeking to maximize the readability of extended texts in English aim for a line length of . . . 60 to 70 characters, in text size (9 to 12 point) type. Books are typically small enough—and, more importantly, horizontally skinny enough—for this goal to be achieved in a single column of text. Magazines, in contrast, being larger and broader, are always set in several columns. So too with other professionally printed documents, such as judicial opinions published in West reporters. Legal briefs—at least most of them—are set in single columns like books, but on magazine-size pages. These factors create a line length well outside the recommended zone . . . .”

Derek H. Kiernan-Johnson, Telling Through Type: Typography and Narrative in Legal Briefs, 7 J. ALWD 87, 110-111 (2010) (internal citations omitted).

Read the full article here.

McElhaney on “talking like a lawyer.”

In the September ABA Journal, Jim McElhaney writes about cross examination. At one point he says “Stop trying to talk like lawyers.” He offers this list of words you use when you talk like a lawyer and a list of words to use instead. Link to article.

Instead of this > use this

prior, previously > before
subsequent > after
contact > talk to, call, see
state whether > tell us
did a time come when you > did you
were you aware that > did you know
relative to > about, concerning
maintain surveillance > watch
observe > see, hear
vehicle > car, truck
concede > admit
occur > happen
determine > find out
relate > tell us

Jim McElhaney, It’s All About You: Use Cross-Exam to get Their Witness to Agree to Your Version of the Case, ABA Journal 22, 23 (Sept. 2010).

I agree and would add, “Stop writing like lawyers.”

Apply his list not only when you talk but also when you write.

An expert I recommend

If  you have never visited the website of Ross Guberman, you should. Ross is the “Legal Writing Pro,” and his website is

legalwritingpro.com

His site is full of tips, articles, and practical advice for improving legal writing.

Ross has made this short article available to me, and I’m making it available to you. It offers persuasive-writing advice based on the writing of two top lawyers: Ted Olson and David Boies.