BriefCatch Blog
Writing Tips & Legal Writing Articles
I’ve written elsewhere about the myth that you can’t start sentences with “And,” “But,” or “Yet.” And (see what I did?) there’s nothing new here. Look below! Arts and Letters William Shakespeare (Hamlet) But break, my heart, for I must hold my tongue. Jane Austen (Pride and Prejudice) And to all this she must yet…
Read MoreIn Justice Kagan’s debut opinion, she imagined a debtor buying an old junkyard car “for a song.” Now, a decade later, writing better than ever, she’s penned an opinion about a Ford Explorer. Leave it to Kagan to adorn this specific-jurisdiction matter with rhythm and punch, intellectual tension, and even a touch of pathos. Looking to…
Read MoreHere are 50 writing challenges based on the 50 techniques in my Point Made: How to Write Like the Nation’s Top Advocates. Enjoy! Introductions Brass Tacks. In one sentence each, answer these five questions about a dispute: Who are the parties and what is their relationship? What question does the dispute seek to answer? When…
Read MoreSo 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 I found randomly. The…
Read MoreI 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 or reasonably anticipate…
Read MoreWhen you hear the name George Conway III, do you think “Kellyanne” or “That Twitter Guy”? My goal is to make the association “Peerless Securities Litigator” or “Crack Legal Writer.” After all, Mr. Conway figured in my Point Made long before he became a household name. Let’s take two routine briefs Mr. Conway signed at…
Read MoreIt’s hard to get lawyers and judges to agree on much these days, but here’s one exception: that Justice Elena Kagan is a terrific writer. Take her majority opinion in Allen v. Cooper. Kagan’s opening facts might already reel you in: But don’t be fooled. It’s still a case about sovereign immunity in copyright actions.…
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