Style is Substance: Collected Cases Showing Why it Matters
14 Scribes Journal of Legal Writing 1 (2011-2012)
52 Pages Posted: 11 Oct 2012
Date Written: September 3, 2012
Abstract
This article, formatted as a miniature casebook, collects cases in which the outcome -- or some other significant aspect of the litigation -- hinged on how lawyers wrote. Readers will find discussion, case excerpts, notes, and questions about legalese, verbosity, run-on sentences, passive voice, ambiguous modifiers, word choice, personal attacks, and even punctuation. The writings at issue in the cases run the gamut: pleadings, insurance policies, appellate briefs, statutes, leases, employment contracts, and more. The cases show that the consequences of poor writing style are not abstract or hypothetical; they're real, affecting real parties in real cases.
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