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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How to handle unhelpful precedent
It’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 MoreClient Letters 101
The 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 MoreResponses to civil claim: a step-by-step approach
Last fall, the BCCA clarified the correct approach to drafting responses to civil claim.
Read More7 secrets to a better legal research memo
You 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 MoreHow to write a case comment for a non-legal audience
Many 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 MoreTips on Drafting Affidavits
It is the task of the lawyer, not the deponent, to draft an affidavit. But it shouldn’t sound like a lawyer drafted it.
Read More10 legal writing tips for procedural applications
If 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 MoreOne way to beat legal writers' block (and it only takes 15 mins)
Does 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 MoreHow to start a paragraph
Good legal writing should “flow.” This is easier than you think. It has a lot to do with the first sentence of each paragraph.
Read MoreIt's time to stop using the phrase "on or about"
Or at least stop using it all the time without thinking about what it means.
Read MoreWhat judges really think of your writing
As 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 MoreHow to start a legal blog that will outlast COVID-19
This is a cautionary tale.
Read More7 ways to trim a factum*
This 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 MoreDraft a notice of civil claim* in 3(ish) easy steps
Drafting an originating pleading can be overwhelming. I’ve broken it down into 3 relatively simple steps.
Read More39 words and phrases to delete from your factum
Use these at your peril.
Read More7 tips for writing better legal e-mails
Increasingly, lawyers are using e-mail for substantive legal content. The lack of structure can make it difficult to be clear, concise, and professional.
Read MoreWrite a better legal research memo with these 4 MS Word tools
Microsoft 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 MoreIs the practice of law turning us into bad writers?
Growing up, I enjoyed writing. Then I went to law school.
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