Legal Writing

Hooray for Jack Daniels (and Its Lawyers)

Especially given the recent Charles Carreon nastiness, it is nice to get a reminder that many lawyers are not (and need not be) assholes. Cease-and-desist letters are a frequent source of evidence to the contrary. These are often necessary in…


OMG, “SNF” Is BS, LHS Tells NARUC and DOE

We … remind the parties that our Handbook of Practice and Internal Procedures states that "parties are strongly urged to limit the use of acronyms" and "should avoid using acronyms that are not widely known." Brief-writing, no less than "written English, is…


Does Congress Need to Be Held Back a Grade?

There are various software tools available that will let you determine the "grade level" and/or complexity of a particular piece of text. The Sunlight Foundation ran a couple of decades' worth of the Congressional Record through one of them, and the…


Buddy Trahan Needs a Ride

The beginning of a motion filed in Louisiana on February 21, 2012: IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF LOUISIANA  IN RE: OIL SPILL by the OIL RIG "DEEPWATER HORIZON"                 …


Warranty Coverage for Space-Invasion Damage Now Unclear

As several sources reported last week, the ASUS computer company had been offering a special extended warranty program that looked pretty good except for the express exclusion of coverage for "damage caused by natural disaster, intentional or unintentional misuse, acts…



Blog Voted “Most Fun,” Claims Lawyer

 — PRESS RELEASE —  Lowering the Bar Again Selected by ABA Journal as a Top 100 Blawg The editors of the ABA Journal have again chosen Lowering the Bar, written by Kevin Underhill of Shook, Hardy & Bacon, as one…


Happy Legal Holidays

Here’s a holiday email that a reader received from another lawyer:  Wishing you all the best for the Holidays and a wonderful New Year!This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify…


NOTE: “Catholic Beast” Is Not a Legal Term of Art

Further, using this term in a brief to refer to a judge in your case is not recommended. In fact it is super-highly unrecommended. The Wall Street Journal reports today that a civil-rights group has filed a bar complaint concerning…


TIP: Courts Frown on Lawyer “Gibberish”

As we have seen, one of the more important legal skills is the ability to get other people to understand what the hell you are talking about. See Order Denying Motion for Incomprehensibility, In re King (Bankr. W.D. Tex. Feb. 21, 2006)…