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I skimmed hundreds of pages of client alerts and other publications. Here’s a distillation. What is force majeure? A contract defense allowing you to (1) delay performance, (2) excuse performance, or (3) limit liability from nonperformance. You invoke force majeure over an event (or the effect of an event) that you couldn’t control
An easy way to make your brief-writing more appealing? Shun deadweight openers—however, additionally, consequently, accordingly. That technique has worked wonders for the Chief Justice, who Justice Ginsburg once said was the greatest appellate advocate of his generation. Back in his brief-writing days, he showed how a lighter touch—thus, so, but,
So many are clamoring for guidance from lawyers right now. And so many lawyers are clamoring to be trusted advisors. Time pressure, high stakes, and ever-evolving rules make clear writing invaluable these days. But are we doing all we can? Let’s apply some clarity tips to a typical BigLaw client alert
Want to lighten your prose? Hunt for phrases that often clutter the page. Let’s consider three such phrases from filings in the Scooter Libby case. 1. There Is, There Are Original: Indeed, there exist documents, some of which have been provided to defendant, and there were conversations in which defendant participated, that reveal a strong
Ted Olson and David Boies, opponents of California’s Prop. 8 had some unlikely allies to thank. Although the two men famously faced off in Bush v. Gore, their differences don’t end there. Olson argued against allowing women into the Virginia Military Institute; Boies once represented filmmaker Michael Moore. Olson served
Just like its sister article Just Say No, this article adds to our list of quick style fixes. 1. Provides That Replace this heavy phrase with under and a comma. That way, you focus on the parties, not on the case name or statute. Before: “Section 102(a)(3) provides that life
A good editor is like Pavlov’s dog. Here are five expressions that should make you salivate—for all the wrong reasons. 1. Regarding, Concerning You know you’re talking to a lawyer when you hear things like “Do you have any thoughts regarding where we should go for dinner?” or “I have a serious
“Throat-clearing”—starting sentences with phrases like “it is inconceivable that”—is a big problem in briefs filed by even the best firms. Take this paragraph from a recent emergency petition for stay of a Pennsylvania redistricting order: BriefCatch can help you find many issues in just this paragraph alone. Throat-Clearing and Much More The
An elite litigation boutique filed the rejected motion for Meta (Facebook). The apparently offending footnotes seemed reasonable, but the judge still kicked the motion out of court until the litigators could refile. Lesson for all: When it comes to word and page limits, avoid even the appearance of impropriety. View
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