Courts throughout the country are losing patience with attorneys and their poor writing skills. As a result, judges are issuing public reprimands, requiring attorneys to take legal writing courses and dismissing complaints for committing crimes against the English language such as excessive spelling errors, bad grammar and poor organization. As paralegals, we can be invaluable resources to attorneys by editing legal documents before they leave our offices. This article explores some of the consequences of bad legal writing and gives you the tools to help you prevent your attorney form facing these consequences.
I think a lot of people, especially those that are new to lawforget about how this is such an easy way to make sure that you have the judge on your side. Flora December 6,9: Appellate Rule 65 D: Unless later designated for publication, a not-for-publication memorandum decision shall not be regarded as precedent and shall not be cited to any court except by the parties to the case to establish res judicata, collateral estoppel, or law of the case.
The full boundaries of this rule have not been fully explored in Indiana case law.
It has been used by at least one appellate panel to reject consideration of an unreported New York case. It has also been used by the 7th Circuit in deciding Indiana case law to reject any consideration of an Indiana unpublished decision.
I hope that more readers will comment about how other states handle unpublished opinions. Some appellate courts use unpublished opinions to avoid deciding and publishing hard cases and to justify or rationalize sloppy or lazy judicial work product.
But they seem to be here to stay. Flora December 6, Some appellate judges have found that dissents and concurrences within unpublished decisions are a useful venue for discussing problems with the current state of law that mandates the outcome. I only write to vent my frustration with the legally mandated result.
My general preference toward citation of unpublished decisions is to follow the lead of the handful of states that permit citation to an unpublished decision only if there is no published decision that addresses the issue. I think that provides a very useful approach in which an unpublished case is permitted its desired shielding through the unpublished status unless there is no alternative.
At the very least, I favor the proposals to allow unpublished decisions to be at least citable persuasive authority. To me, it makes little sense why the views of a law professor espoused in a law journal can be freely cited and, merely because of the demarcation as unpublished, the views of a three judge panel of jurists who actually make law in a state cannot.William Cullen Bryant, editor of the New York Evening Post from until , created an “Index Expurgatorius” for his newspaper.
Certain words simply weren’t allowed in its pages. Legal. Drafting a Client Letter. Suwyn, Siska & King Attorneys at Law Main Street Flushing, New York () October 23, Willi Loman Loman's Fashions Seventh Avenue New York, New York Dear Ms. Loman: I hope you've been well. Recently you wrote to us that Loman's Fashions had been sued by a shopper in Small Claims Court for a breach of contract.
Welcome to the Directives Division homepage. The Directives Division administers and operates the DoD Issuances Program, the DoD Information Collections Program, DOD Forms Management Program, GAO Affairs, and the DoD Plain Language Program for the Office of the Secretary of Defense.
Template LEGAL OPINION This is a sample legal opinion for the purpose of paragraph (A) of Part A (Initial Conditions Precedent) of Schedule 1 (Conditions Precedent) to the Contract for Difference Standard Terms and Conditions.
It is issued by the CfD Counterparty as. A legal opinion is typically written by following a format that consists of six sections, explains The Law Dictionary. The first section is the heading that includes a one-line case descriptor.
The next five sections are the legal issue, an answer, the statement of facts, a discussion and a conclusion.
The Writing Process The legal opinion should be written following a structure. This will be at the forefront of the client’s mind.
It should be entitled OPINION or ADVICE and contain the title of the case in the heading.5/5(3).