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.

Suggested Citation

Cooney, Mark, Style is Substance: Collected Cases Showing Why it Matters (September 3, 2012). 14 Scribes Journal of Legal Writing 1 (2011-2012), Available at SSRN: https://ssrn.com/abstract=2160459

Mark Cooney (Contact Author)

Cooley Law School ( email )

300 S. Capitol Avenue
P.O. Box 13038
Lansing, MI 48901
United States

HOME PAGE: http://www.cooley.edu/faculty/cooney.html

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