In middle school, we memorized vocabulary lists to learn new words and build our reading comprehension. In high school, we memorized vocabulary lists to prepare for college entrance exams. In law school, we memorized legal terms for cold calls and final exams. Success at these tedious memorization exercises led to academic accolades and bragging rights. After years of indoctrination, it’s no surprise that we would believe that a large vocabulary would impress readers. But if you believe that, you’d be wrong.
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Though we continue to write legal memos as though they will be read on printed paper, that expectation no longer holds. Even before the recent shift to working remotely, email had become the primary method of business communication and email memos the vehicle to share legal analysis. Now the screen of the electronic device on which we read provides our structure, context, and limitations—we no longer rely on the printed page for this information.
Continue readingWhen you run a business, demonstrating credibility and persuading others are your primary goals. You can’t do that without great business writing. But strong writing is easier discussed than accomplished. And it takes more than Strunk and White’s Elements of Style. From universal writing rules to advice that will change your process and your results, here are eight books (in no particular order) to make your writing better.
Continue readingYour legal writing reference library should include more than the five standards: the Bluebook, the Redbook: A Manual on Legal Style, A Manual of Style for Contract Drafting, Garner’s Dictionary of Legal Usage, and Black’s Law Dictionary. There’s more to writing than mechanics and accurate definitions, and these books prove it. From universal rules and styles to advice that will change your process and your results, here are seven books (in no particular order) to make your writing better.
Continue readingA common complaint about lawyers is that we rarely get out and connect with other humans. Failing to connect leads to a general lack of empathy, hoarding of knowledge, poor training and mentorship, and reinforced social hierarchy.
Continue readingAs Gary Kinder wrote in The Perfect Brief Part 11 - Polishing Your Brief, you should never use tricks to squeeze a brief into a word or page limit. It’s unethical and judges will notice—they’ve seen every trick we can imagine.
Continue readingFor most lawyers and law firms, their business strategy is three words long: “Do good work.” The assumption is that individual effort and intelligence are all that it takes to succeed. If it were ever true, it isn’t anymore. Today there’s a breakdown in trust and an uptick in blame that’s getting in the way of “good work.”
Continue readingInnovation is now becoming an annoying buzzword. Even for people inclined to embrace legal innovation, the word is now eliciting groans. And for people afraid of change, innovation is such a loaded word that even thinking about it is overwhelming.
Continue readingThere’s only one certainty: The legal industry is continuing to change. Everything else is uncertain. The question is whether lawyers will adjust enough to remain a valuable and well-compensated part of it.
Continue readingThe legal industry is overrun with counterintuitive and counterproductive expectations about innovation. The demands for radical innovation seem to grow louder every day. The more frustrated we are with the lack of progress, the more extreme we are with our demands. But here’s a simple question: is the purpose of innovation to show our CEOs and clients that we are exploring the latest fashionable technology? Or is the purpose of innovation to increase revenue, value, and client satisfaction?
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