After termination of a lawyer-client relationship, the lawyer owes the former client two duties: not to take actions that will injure the client in the former matter, and not to use information acquired in confidence against the former client. The…
Make Your Sentences Flow
Linking a sentence to the one that precedes it— in a way that makes it clear how the two relate—is as critical to good writing as building bridges between paragraphs. In other words, seamlessness within a paragraph is as important…
Legal Writing Tip: Bridge Your Paragraphs
A well-written piece of advocacy should be easy to read; the thoughts and ideas presented should flow seamlessly from one to the next. To achieve fluency, include in the first—usually topic—sentence of each paragraph (starting with the second in each…
Ethical Walls Are Not a Panacea for Imputation of Conflicts Under New Ethics Rules
Effective November 1, 2018, California’s new rules of professional conduct now address imputation of conflicts of interest and permit ethical screening to avoid imputation under certain circumstances. New rule 1.10 incorporates imputation concepts that are currently addressed in California case…
Legal Writing Tip: Know When to Capitalize the “C” in Court
The issue may seem trivial, but it is not. Knowing when to capitalize the “c” in court and when to leave it in lower case is a matter of legal literacy. Rule 7.3.1. and Rule 8 of The Bluebook: A…
General Counsel Tip: Responding To a Complaint
Last month, this column addressed steps that a firm can take to avoid disputes with and claims by clients. Unfortunately, some claims are unavoidable. Below are four tips for general counsel to consider when their law firm receives a demand…
Use a “Kicker” Sentence to Set Up a Series of Points
When you have a series of points to make, consider setting the series up by closing the paragraph preceding the start of the series with a “kicker” sentence. The sentence preceding the “kicker” at the end of a paragraph should…
General Counsel Tip: Proactive Loss Prevention
Not all claims are avoidable, and a disgruntled client may sue even absent attorney error. However, there are proactive steps a law firm’s general counsel should consider to reduce the risks of a claim against a firm. Although taking proactive…
Stop Saying “Split the Baby”
You’ve probably heard a lawyer say “split the baby” to mean “split the difference.” I seem to hear it weekly. If you use the expression, please stop. It’s aesthetically abhorrent and etymologically backward. I started noticing how jarring the phrase…
Organize Your Argument Section Dialectically
What is the meaning of the word, “dialectic?” To the Greek philosopher Plato, it was akin to a dialogue, and closely associated with the Socratic method. He saw it as a medium for arriving at the truth. And that is…
Legal Writing Tip: Begin Each Paragraph with a Topic Sentence
The use of paragraphs is a critical tool in any type of nonfiction writing. In sequencing your paragraphs, you are giving the reader a roadmap to the organization of your ideas. Think of a paragraph as a unit of thought. …
General Counsel Tip: Protecting Confidential Communications
Many attorneys work at law firms without a full-time in-house counsel. Different attorneys are called upon to serve in a general counsel capacity when issues arise. Over the next few months, we will discuss laws and offer tips to general…