Crafting a legal argument in the absence of guiding authority can feel impossible, especially for newish lawyers. Fortunately, there are several legal reasoning techniques to apply in the absence of relevant authority.
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Legal Writing
Crafting a legal argument in the absence of guiding authority can feel impossible, especially for newish lawyers. Fortunately, there are several legal reasoning techniques to apply in the absence of relevant authority.
Read MoreIt’s easy to get tripped up on a bad precedent. When faced with adverse authority, it’s natural to return a memo explaining that the argument is a loser. But an effective legal researcher seeks out the alternate route and offers creative solutions.
Read MoreThe purpose of the client letter is not to convey everything you know but to help the client meet their objectives, whatever those may be.
Read MoreLast fall, the BCCA clarified the correct approach to drafting responses to civil claim.
Read MoreYou may have a firm grasp on the applicable law, but unless you can communicate your research in a way that is helpful for the instructing lawyer, your legal research memo will be ineffective.
Read MoreMany lawyers start blogs with the intention of reaching potential clients. But then they write the blog as if their audience is a bunch of other lawyers practising in their same field.
Read MoreIt is the task of the lawyer, not the deponent, to draft an affidavit. But it shouldn’t sound like a lawyer drafted it.
Read MoreIf you are a litigator in BC — particularly one in your first 10 years of practice — you likely spend a fair bit of time preparing chambers materials.
Read MoreDoes this happen to you? After hours of research and document review, you sit down to write your argument or factum. You know the facts. You know the law. And yet. You just can’t get started.
Read MoreGood legal writing should “flow.” This is easier than you think. It has a lot to do with the first sentence of each paragraph.
Read MoreOr at least stop using it all the time without thinking about what it means.
Read MoreAs I’ve written here before, I love reading what judges have to say about legal writing. If you’re like me, you’ll enjoy Judges Speaking Softly, an article by Ross Guberman for the American Bar Association.
Read MoreThis is a cautionary tale.
Read MoreThis topic came to me recently when I was trying to compress 20 pages of submissions into a notice of application which, according to our court rules, must be 10 pages or less.
Read MoreDrafting an originating pleading can be overwhelming. I’ve broken it down into 3 relatively simple steps.
Read MoreUse these at your peril.
Read MoreIncreasingly, lawyers are using e-mail for substantive legal content. The lack of structure can make it difficult to be clear, concise, and professional.
Read MoreMicrosoft Word. I’ve probably been using it for 25 years (what?). But it wasn’t until fairly recently that I learned some of its best features.
Read MoreGrowing up, I enjoyed writing. Then I went to law school.
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