Long, single-sentence issue statement

From the appellant’s brief in a criminal matter:

Did the Court of Appeals err in holding that the prosecution discharged its affirmative burden of establishing that the appellant’s confession was not the product of his illegal arrest and detention and, therefore, was admissible against him, by concluding that the act of police interrogators in confronting the appellant with the inculpatory admissions of an alleged co-defendant prior to eliciting appellant’s confession, constituted an adequate “intervening event” which supposedly broke the causal chain between his illegal arrest and detention rendering his confession “a product of a free will,” notwithstanding the fact, that the record irrefutably demonstrates that the appellant was arrested illegally, without the benefit of a warrant issued by a neutral and detached magistrate, in violation of Chapter 14 of the Code of Criminal Procedure, was thereafter interrogated while illegally detained, was, at all times during his 22 hours at the homicide division, in the presence and under the control of the police, was never taken to a magistrate, never spoke with a lawyer and was mislead by the interrogators about what he was actually being charged with?

A single sentence of 179 words. We can do better than that, can’t we?

My try:

Smith was under police control at the station for 22 hours. Police never took him before a magistrate or let him speak with a lawyer, and they misled him about the charge against him. They then arrested him without a warrant—which the prosecution admits was illegal. But the prosecution asserts that when the police confronted Smith with inculpatory admissions of an alleged co-defendant, that intervening event broke the causal chain between his illegal arrest and his confession.

  • Was the court of appeals correct that the prosecution carried its burden of proving this break in the causal chain, rendering Smith’s confession a product of his free will?

I gave it a shot. Thoughts?

Ideas to reduce paper would make briefs more readable, too.

In her recent article, Conserving the Canvas, Professor Ruth Anne Robbins makes the following recommendations aimed at reducing paper use in legal briefs. The recommendations are equally appropriate for improving the readability of legal briefs:

  1. allow and encourage or even require double-sided printing;
  2. move to 1.5 line spacing rather than double spacing; and
  3. adopt court rules that limit documents by word counts while simultaneously eliminating font and font-size requirements.

Ruth Anne Robbins, Conserving the Canvas: Reducing the Environmental Footprint of Legal Briefs by Re-imagining Court Rules and Document Design Strategies, 7 J. ALWD 193, 194 (2010).

The full article is here.

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.