Elvis lives on
My fiction writing is slow going in these days of changing environments, but I am managing to get a little nonlegal writing in now and again. Here's my latest:
Attorney Fired for Fiction?
Usually, When Lawyers Write is devoted to the conventionally published works of attorneys. This week, though, we’re taking a look at a lawyer who lost her position at a law firm due to her fiction.
Or so the firm says.
Deidre Dare was terminated from her position as a senior associate with the Moscow office of Allen & Overy for publishing portions of her novel, Expat, online. The novel details the sexual exploits of a female lawyer living in Moscow. Some have called the novel pornographic, but the excerpts I read don’t come close to that description. After all, the point of pornography is to allow the reader to experience the event along with the characters. In Expat, sex happens off stage. Frankly, this novel can not even be fairly described as erotica (I’ve written erotica -- I know the genre when I see it .)
That is not, of course, a criticism of the novel (which is unfinished). But Expat is really is more along the lines of a chick lit novel with some graphic language. Which makes the termination of the attorney position a more difficult to understand.
Expat was posted in serial chapters on Deidre’s web site, although Deidre Dare is the author’s pen name, not her real name. As far as I can tell, nothing on the site identifies the author as an attorney or identifies her former firm.
Despite the lack of apparent connection to the firm on the site, she was fired for “gross misconduct.” The novel was up at the site for several months, but discipline was taken only after Deidre made an internal grievance complaint against a partner in the Moscow office. A & O is quoted in a Lawyer.com story as stating “After we became formally aware of Ms Dare’s website and started to consider the firm’s response, she filed a grievance that was fully investigated in accordance with our standard policies and found to be groundless, although she has appealed against the decision.”
Whatever the motivations for the firing, Deidre seems to have come out on top. The attention has led to her being hired as a columnist for The Moscow News. Plus, since the controversy has led to her web site getting over a million hits in recent days, she now has a platform to offer potential publishers.
See an interview with Deidre at Bitter Lawyer.
Gay romance penned by lawyer
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I love nothing more than showcasing a fellow lawyer/romance author here. Skadden Arps partner Gregory Smith, writing as G. Carlos Smith, released his first romance novel, A Matter of Choice, last week. The book “explores the lives of two young men as they find their way during unforgiving but changing times. In a moving but delightful love story, the novel considers the tragic effects of laws like Proposition 8 while offering a new hope.”
Like most writers, Smith definitely isn’t in the book business for the money. The net royalties from sales of A Matter of Choice will be donated to the San Francisco AIDS Foundation or similar charity.
WSJ’s Law Blog had an interview with Smith in which he explains his reasons for writing the book.
Hat tip to ABA Journal Weekly
Roberts a noir novelist wannabe?
Check out U.S. Supreme Court Chief Justice John Robert's hard-boiled opening paragraphs in his dissent from the denial of cert in Pennsylvania v. Dunlap:
North Philly, May 4, 2001. Officer Sean Devlin, Narcotics Strike Force, was working the morning shift. Undercover surveillance. The neighborhood? Tough as a three dollar steak. Devlin knew. Five years on the beat, nine months with the Strike Force. He’d made fifteen, twenty drug busts in the neighborhood.
Devlin spotted him: a lone man on the corner. Another approached. Quick exchange of words. Cash handed over; small objects handed back. Each man then quickly on his own way. Devlin knew the guy wasn’t buying bus tokens. He radioed a description and Officer Stein picked up the buyer. Sure enough: three bags of crack in the guy’s pocket. Head downtown and book him. Just another day at the office.
I think the man has potential. Dare I suggest he give up his measly government salary and write full time?
Of course, writers tend to average quite a bit less than the CJ’s current salary ($217.5K). In fact, I've herd the average novelist earns about $10K or so – and that includes only those with any income at all.
But Roberts already has significant name recognition. He could easily build a platform from which to launch a successful career as a novelist. In fact, he could command huge speaking fees, and then hand sell his novels at the back of the room.
So, in the spirit of helping an aspiring novelist leave the legal profession to pursue a full-time writing career, I personally promise to buy a copy – in hardcover! –of every novel Roberts publishes (provided, however, his resignation occurs while during a Democratic presidency).
Won’t you join my pledge?
Tami goes to Lavo
I keep my non-legal writing muscles exercised by contributing to Living-Las-Vegas, a site devoted to explaining to the uninitiated what it is like to living in our fair city. A rare opportunity to combine my various writing worlds came with Lavo: At Last, wherein I discuss my ring-side view of the makings of a world-class restaurant/lounge/nightclub.
My less than steller attempts at photography are also in evidence there.
Heaven has no rage like Dawn Gibbons
"Heaven has no rage like love to hatred turned nor hell a fury like a woman scorned."
Recently court filings demonstrate the truth of this quote from "The Mourning Bride" (1697) by William Congreve.
Jon Ralston and the Las Vegas Sun have kindly posted the motion filed by Nevada First Lady Dawn Gibbons to unseal the divorce proceedings after Governor Jim Gibbons obtained an order sealing the matter pursuant to NRS 125.080 and 125.110.
I have long been an advocate of telling the client’s story. I even occasionally teach people how to do it. However, I am not an advocate of trying cases in the court of public opinion. Given the hyperbolic nature through which Dawn Gibbons’s tale is being told, it seems apparent that it is that court, rather than in the 2d Judicial District court, in which the First lady wants to try the case.
Normally I wouldn’t delve into this sordid combination of public/private litigation. Dissecting the marriages of politicians, even those of Republicans who claim to adhere to family values, is generally too much like shooting fish in a barrel.
Oh, and in bad taste, too. Anyway, divorces are a particularly nasty sort of litigation, and no one escapes untarred from such matters. William Congreave had it right about extremes of rage and fury.
However,the First Lady's motion warrants comment from a legal writing perspective. In fact, I believe I will henceforth use it as a shining example of “over the top” legal writing. A "poster child," as it were. (See. p. 31 of the brief)
The narrative just goes too far. Telling the story is one thing. Telling a story suitable for a tabloid is another. I just don't think that making the reader feel the need for a shower is an effective persuasive technique. (However, as tabloid writing goes, it was very well written with several nice, evocative phrases. I parrticuarly admire the latter portion of page 6).
There are other issues I take with this brief. The creative capitalization evokes amusement, rather than the desired emphasis. Lengthy passages seem to both quote and discuss opinions, but what is discussion and what is quotation isn’t really clear. The seemingly endless dissection of Burkle could surely have been cut down to, say, 2-3 sentences.
And shouldn’t Johanson v. Dist. Ct., 124 Nev. Adv. Op. No. 23 (May 1, 2008) at least have been acknowledged? It is, after all, an opinion less than a month old that specifically addressed NRS 125.110.
The sad result here, I think, is a self-fulfilling prophecy. The First Lady is painted as having been vilified, but the extreme language and accusations will most likely result in this motion becoming a source of vilification. And ridicule.
Sealing cases can make sense in certain contexts. However, I actually believe, as the First Lady advocates in this brief, that the person who wants a matter sealed should be required to demonstrate a legitimate reason to take a court matter out of the public eye. Unfortunately , the hyperbole in this brief might well present precisely such a reason here.
Speaking at the Las Vegas Writer's Conference
I am taking a couple days off from my law practice to work on my so-called writing career. The Las Vegas Writer’s Conference, which is sponsored by the Henderson Writers Group, is being held this weekend at Sam’s Town.
The Henderson Writers group publishes anthologies of short stories by its members. The latest, Writer's Bloc II, contains one of my short stories: "The Lost Art of Conversation. " I'm not quite, sure, but I think the book will be available at the conference. My other stuff definitely will be.
Meanwhile, I am giving three workshops:
On Thursday afternoon, I’ll give Hero v. Villain: Developing Plot through the Character of the Protagonist and Antagonist. Ahem - wherein I explain that whole “character equals plot” concept. This is the 1/2 day workshop - I really do explain everything. Seriously.
Friday afternoon, I’ll give Anatomy of a Scene: Creating Full-Bodied Scenes for your Novel. find out what scenes really have to do. Chances are,
Saturday afternoon, I’ll give Putting Personality on the Page: Showing Character to the Reader
In between, I’ll be joyfully soaking up the atmosphere found at any gathering of writers, chatting about such topics as character, plot, synopses, industry trends, and my personal favorite, villain theory. no kidding - there is such a thing as villain theory.
This conference has grown bigger each year (this is the fifth, I believe). In fact, it is a sell out this year.
However, there is a reception Thursday night, 7 pm, open to the public, where one can meet and mingle with the attendees, the speakers, and a host of Stephens Press authors.
Most notable, IMO, of the out of town authors visiting is New York Times bestselling author Bob Mayer. In addition to his quite successful solo career, he writes with my very favorite living author, Jenny Crusie. See their books at http://www.crusiemayer.com/. Lots of dead bodies, but very funny stuff.
I like funny.
Legal Writing Prof Wins Pulitzer
Good things happen when lawyers write, especially when they write well!
Legal writing Prof. John Matteson obviously has done just that, as his biography of Louisa May Alcott, Eden's Outcasts: The Story of Louisa May Alcott and Her Father. was named as one of the best books of 2007 by both the Christian Science Monitor and the St. Louis Post-Dispatch.
B ut wait - there's more. 
Prof. Matteson has received the Pulitzer Prize in the Biography category for Eden's Outcasts.
Published by W.W. Norton & Co, the book's blurb states:
The beloved author of Little Women was torn between pleasing her idealistic father and planting her feet in the material world.
Louisa May Alcott's name is known universally. Yet, during her youth, the famous Alcott was her father, Bronson—an eminent teacher, lecturer, and admired friend of Emerson and Thoreau. Willful and exuberant, Louisa flew in the face of all her father's intricate theories of child rearing. She, in turn, could not understand the frugal life Bronson preached, one that reached its epitome in the failed utopian community of Fruitlands. In a family that insisted on self-denial and spiritual striving, Louisa dreamed of wealth and fame. At the same time, like most daughters, she wanted her father's approval. As her father struggled to recover from a breakdown and slowly resurrect his career, Louisa learned to support her family, teaching if she must, but finally finding her vocation in writing. This story of their tense yet loving relationship adds dimensions to Louisa's life, her work, and the relationships of fathers and daughters.
Matteson is an associate professor of literature and legal writing at John Jay College of Criminal Justice in New York City. He has a JD from Harvard and a doctoratein English from Columbia. He will serve as a consultant and on-air commentator for a forthcoming PBS documentary on Louisa May Alcott.
Law School to Offer Combined JD/MFA in Creative Writing
My grand plan of a weekly feature of a lawyer who writes commercially ended after just a couple of months because I ran out of lawyers to put in the spotlight. But perhaps there is hope for the future.
Hamline University School of Law in St. Paul., MN now offers a JD/MFA in Creative Writing joint-degree program. Hamline’s dean, Jon Garon explains the joint program’s goals: “To be successful, lawyers and other leaders must be able to think creatively and use disciplined imagination to solve problems. For students who can meet the rigorous admission requirements of both schools, the combined JD/MFA will encourage creativity and personal expression as part of the analytical rigor of law. Our graduates will be well positioned to serve as global leaders, thinkers, writers and, of course, members of the bench and bar.”
Frankly, I am envious. If I didn’t already have the JD half of that program, I’d be sending my application straight off. (Well, OK – the other reason is I have to pay the mortgage by staying in the job I have, which is why I haven’t run off to sign up for some other MFA program). But still, it is an idea whose time has come.
Meanwhile, as we wait for Hamline to graduate its lawyers who write, do please let me know if you are, or someone you know is, a practicing lawyer with a book published. Or short stories, poems, etc.
Hat tip to Legal Blog Watch, who tipped the hat to Set in Style .
Judicial Clerk Tells All in Novel?
I kind of envy Saira Rao her judicial clerking experience. While my judges were nice guys, and I learned a lot, I certainly could not have parlayed the experience into a funny novel. (Now, I may have gotten a few ideas for a murder mystery, but that’s only because there were a few people—not my judges--I wouldn’t have minded becoming victims...)
However, Saira, who clerked for a prominant Third Circuit judge, has made a huge splash with her roman à clef, Chambermaid. For obvious reasons, it has frequently been compared to The Nanny Diaries and The Devil Wears Prada. Here’s the cover blurb:
The devil holds a gavel in this wickedly entertaining debut novel about a young attorney's eventful year clerking for a federal judge. Sheila Raj is a recent graduate of a top-ten law school with dreams of working for the ACLU. When she lands a coveted yearlong federal clerkship with legal goddess Judge Helga Friedman, she cannot help but think that her life is destined for jurisprudential greatness.
But law school did not prepare Sheila for the power-hungry sociopath who greets her on her first day and insists that she is Pakistani (she's Indian), that her name is Sheba (it's Sheila), and refers to her co-clerk Laura as "the gay"; nor for Her Honor's secretaries—Roy, who moonlights as a medieval bard called Felemid McDowell, and Janet, who pets the Pound Puppies draped over her computer when she's not thumping her Bible. Only when she is assigned to a high-profile death-penalty case does Sheila realize she has to survive the year as Friedman's chambermaid—not only her sanity, but actual lives hang in the balance.
Reviews on this were mixed, with lay reviewers tending to be much more positive than legal reviewers.
As near as I can tell, Rao is not currently practicing law, but pursuing her writing career. It has occurred to me that one reason I seem to be having difficulty tracking down lawyers who write is that once they do make a splash in the literary world, most seem to abandon their legal careers.
On the other hand, it's a rare writer who earns more than the average lawyer....
Legal Thriller Thrills Lawyer
Okay - a lawyer writing a legal thriller isn't that startling. However, Seattle litigator Robert Dugoni did something most writers—lawyers or otherwise—only dream about: his first novel, The Jury Master, was a New York Times Bestseller.
But hey, that was last year’s book. His latest novel, Damage Control, is out now, and the great reviews prove Bob wasn’t a one-hit wonder. Here’s the blurb:
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A rising star at her prestigious Seattle law firm, Dana Hill knows all about stress. She pours herself into her work and family with all the energy she has. But her carefully balanced life is about to be turned upside down. First, a frightening medical diagnosis forces her to reassess her roles as a lawyer, mother, and wife to a man she suddenly no longer trusts. Then, her life is rocked further by the shocking and brutal murder of her twin brother.
With a smart, iconoclastic detective named Michael Logan as her only ally, Dana dives into the investigation, relentlessly seeking answers to who killed her brother and why. Logan cannot believe that the murder was anything more than a robbery gone terribly wrong. But when Dana uncovers a priceless, handcrafted diamond earring in the debris of her twin's trashed home, the case becomes far more sinister. Dana is sure the jewel is the key to her twin's secrets. And Logan becomes convinced it can help stop a string of cold-blooded murders that have followed in the wake of her brother's death.
As Dana and Logan chase the faint trail of evidence from Seattle to Maui, they soon threaten the reputation, career, and future of a powerful man who will stop at nothing to protect what he considers his. But for Dana, for whom time has a special meaning, nothing--not even her own life--is more important than finding the truth. She has moved beyond fear, beyond control, and beyond anyone's attempts at damage control.
Bob still practices part time at a Seattle firm, and also gives writing seminars. He has a two day workshop schedule for the Oregon Writers Colony in February 2008, and plans to offer a workshop in Seattle sometime this winter.
Remember - I like nothing more than to showcase the books published by my fellow lawyers. Contact me if you practice law and have a book out.
Trial Strategy = Poker strategy?
This week I have something a little different for WHEN LAWYERS WRITE. Instead of my usual focus on fiction written by lawyers, I am actually presenting a nonfiction book written for lawyers. However, given that this is Nevada Day (observed), the anniversary of Nevada’s entry into the union, Lawyer’s Poker, by Northwestern University School of Law’s Prof. Steven Lubet seems an appropriate choice.
In Lawyer’s Poker, Prof. Lubet offers tips for better lawyering through poker, comparing the decision making required for a trial with that of the card game. From the publisher’s description:
The theory and practice of poker will be immediately recognizable to every attorney who has ever made a strategic choice in the face of uncertainty. Lawyers are faced with a never-ending stream of decisions that require swift action, but that are necessarily made based on spotty information. The most obvious decision is whether to settle or proceed to trial, but there are also many other, smaller decisions along the way--which depositions to take, which motions to file, which theories to pursue, which questions to ask--each one influenced to one degree or another by one opponent's behavior. Poker games are much the same. Each player must continually decide whether to raise, call, or fold without seeing some or all of the other players' cards.
Las Vegas’ beloved mayor Oscar Goodman reviewed the book, saying "A most clever mingling of the likes of legendary poker player Doyle "Texas Dolly" Brunson, with the master legal tactician Clarence Darrow. Juxtaposing the color and strategies of poker playing greats with the mastery of great lawyers in "trials of the century" creates a fascinating read for a gambler, lawyer, or just the average Joe."
Although I don’t see any fiction among his publications, Prof. Lubet has an impressive range of publications. In addition to op-eds in a variety of prominent newspapers, he wrote a popular textbook Modern Trial Advocacy as well as Murder in Tombstone: The Forgotten Trial of Wyatt Earp. He’s won awards for his column for American Lawyer Magazine , and NPR's Morning Edition has broadcast his humorous commentaries
I’d recommend this one for those of you Christmas shopping for the lawyers in your life.
And remember – if you are a practicing lawyer (law prof., judge, etc.) with a book on the market, I’d like to put your name and title here!
Labor Lawyer Writes Thrillers
This week’s segment of WHEN LAWYERS WRITE is devoted to best-selling author Pamela Samuels-Young, who divides her time between writing and workingManaging Counsel for Labor and Employment Law at Toyota Motor Sales, U.S.A., Inc., in Torrance, California. Best. When Pamela's fast-paced legal thrillers, Every Reasonable Doubt and In Firm Pursuit, have been described as "John Grisham with a sister's twist!" Both novels are Essence magazine best-sellers.
Pamela's desire to see African-American and female attorneys represented in mainstream legal fiction prompted her to take a stab at fiction writing despite a busy career as a lawyer. Pamela's thrillers feature L.A. litigator, Vernetta Henderson. here's the latest, Firm Pursuit.
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Once again, Vernetta Henderson tackles life’s most challenging battles – in and out of the courtroom. The savvy L.A. attorney juggles marriage, career and ambition only to become entangled in a suspicious sexual harassment case that explodes into a tale of corporate greed, deceit and violence, placing everything she cherishes most at risk.
You can read an excerpt of Firm Pursuit here.
Sybil Wilkes, The Tom Joyner Morning Show says
"Every Reasonable Doubt captures the reader from the very first sentence!"
Pamel particpates in the The Crime Sistahs Blog. She also offers advice to those who juggle employment with crafting 
fiction with her audio CD Write a Novel Despite Your Day Job. She also offers some general fiction resources in her 101 Essential Resources for Fiction Writers Tips Sheet .
As always - if you are or know a lawyer with a book out, and would like to see that book here, please contact me!
Criminal Defense Attorney / Young Adult Novelist
This week, it is my pleasure to introduce you to Daria Snadowsky, a Las Vegas criminal defense attorney. Her first novel Anatomy of a Boyfriend burst on to the Young Adult scene with a bang, garnering praise from host of reviewers.
The back cover blurb:
Before this all happened, the closest I'd ever come to getting hysical with a guy was playing the board game Operation. Okay, so maybe that sounds pathetic, but it's not like there were any guys at my high school who I cared to share more than three words with, let alone my body.
Then I met Wes, a track star senior from across town. Maybe it was his soulful blue eyes, or maybe my hormones just started raging. Either way, I was hooked. And after a while, he was too. I couldn't believe how intense my feelings became, or the fact that I was seeing—and touching—parts of the body I'd only read about in my Gray's Anatomy textbook. You could say Wes and I experienced a lot of firsts together that spring. It was scary. It was fun. It was love.
And then came the fall.
Click here for favorable reviews for Anatomy of a Boyfriend
Remember - if you are a lawyer with a book to promote, contact me!
Those interested in building their own boyfriend can do so here:Attorney Turned Pet Sitter?
Linda O. Johnston is an LA real estate attorney , but she doesn't write about an LA real estate attorney. Nope - she writes about an LA litigator! However, “Kendra Ballantyne” moonlights as a pet sitter – and, apparently, that’s a much more interesting job. Kendra keeps stumbling across bodies. Fortunately, not bodies of pets.
Linda’s fifth book in the series is The Fright of the Iguana, which was released just this week.
Los Angeles attorney and part-time pet-sitter Kendra Ballantyne has a lot more time to tend to animals now that she’s determined to stay out of the perfectly toned arms of superhunky investigator Jeff Hubbard. But all too soon, her time is tied up chasing a truly nasty pet-napper.
Kendra’s nightmare starts when she makes an early stop at the home of an überwealthy film producer to check on his beloved pup and iguana--only to find them missing and a ransom note on the iguana’s cage. Through her Southern California pet-sitting club, she learns that other four-legged clients have been snatched, too. Then a fellow pet-sitter turns up bludgeoned to death. Kendra has her suspicions, but it soon appears she’s barking up the wrong tree. And it becomes clear that she’ll need nine lives to escape this cold-blooded killer who’s friend to neither man nor beast...
Linda is a prolific writer, and has also published in the romance, and romantic suspense genres. For those of you out there who are thinking you’d like to see your name on a book cover someday, she offers some advice.
Children's Inspirational Story authored by Las Vegas Lawyer
This week’s installment of WHEN LAWYERS WRITE brings us to Las Vega lawyer Eric Blank. Eric's practice incudes personal Injury, business and commercial litigation, and contract drafting, negotiation and review. He is also the author of The Success of Robert Fitzgibbons.
The Success of Robert Fitzgibbons is an illustrated book that inspires and encourages people of all ages to discover and realize their dreams. The central message is “It's never too late to follow your heart.” Throughout his early life, Robert excelled in everything he was expected to do -- school, sports and his career. However, he spent his time pleasing others while never taking into account his own happiness. Even success does not bring Robert fulfillment. Through his journey, Robert Fitzgibbons shows that it is never too late to follow his heart and achieve happiness - the ultimate success.
The illustrations, done by Greg Vannoy, are based upon drawings by grade school students who were read Eric’s book as part of the Dream Program, and asked to draw scenes from it.
Eric’s book has garnered some high-powered fans. For example, Michael J. Losier, Bestselling author, Law of Attraction The Science of Attracting More of What You Want and Less of What You Don't says, "The Success of Robert Fitzgibbons" will stimulate readers to set their dreams in motion. It is an encouraging story that inspires readers to embrace who they are and to take action to follow their dreams. Children and adults reading this book will learn from its lessons it s like personal growth for the whole family!"
Eric's book touches on themes that seem to keep showing up in some of my work - that your day job does not determine your destiny. Hence my own status as both lawyer and romance writer. It really is possible to have more than one role in life, even simultaneously. Kudos to Eric for letting kids in on that concept.
Click here to find out more about The Success of Robert Fitzgibbons.
And of course - if you are lawyer who has a book out, let me know!
Entertainment Lawyer Pens Chick Lit Novel
Beth Orsoff is an entertainment lawyer living in LA who’s written a book about an entertainment lawyer in LA. As they say, write what you know.
Romantically Challenged is Beth’s first book. Here’s the blurb:
When L.A. entertainment lawyer Julie Burns becomes convinced that finding The One is "just a numbers game," she sets out on a dating frenzy. From chance meetings and blind dates to dating services and the wonderful world of the Internet, Julie will try anything to meet her man. And in the process, she discovers a secret or two about the single life: Sometimes love sneaks up on you when you least expect it-and even the worst first impressions can have surprising results.
Click here for Beth’s quiz to determine if you, too, are a romantically challenged lawyer.
I scored a 20 – but hey, I’m a married romance writer, so what do I know about romance? That score pegged me as an overworked lawyer, however. There must be something to it.
This is the second in my new weekly feature of books written by real, live lawyers. Email me if you are a practicing lawyer, and would like to see your name and bookcover here.
When Lawyers Don't Write
If you think your legal writing prof was kidding about the importance of attributing sources for your work (and indeed, the importance of actually writing, rather than copying, your briefs), consider this stern admonishment from a bankruptcy court in Iowa. The attorney apparently lifted 17 pages verbatim of an article written by two attorneys in New York and dropped it into "his" briefs. In fairness to this attorney, he apparently did bookend the stolen material with bits of introductory material and conclusions. And he wrote "argument" at the beginning. He never cited the article at all in either of the two briefs.
The attorney’s punishment, aside from what must be acute embarrassment, is to take a class in professional responsibility from a law school (" a continuing education class will not cure his ethical shortcomings" stated the judge), disgorge the fee he charged for writing the brief (he claimed 25.5 hours for preparing the two briefs), and inform the authors of the article of his plagiarism. That's the punishment from the judge, who also ordered the opinion be served upon the Iowa Supreme Court Attorney Disciplinary Board.
I have to wonder how persuasive simply dropping half an article into a brief could ever be. The article in question, Why Professionals Must Be Interested in "Disinterestedness" Under the Bankruptcy Code, by William H. Schrag and Mark C. Haut, is a fine article, but presented as a brief (something its true authors obviously did not intend), it merely raised suspicions.
That's kind of the opposite of what you want a brief to do.
Surely what this attorney really needed was a legal writing class. (There I go again - favoring rehabilitation over punishment!).
Hat tip to the New Legal Writer (who credits The Volokh Conspiracy, TaxProf Blog, and Legal Writing Prof Blog.)
Law Prof Pens Book of Legal Fables
I am introducing a new Friday feature for Appealing in Nevada – When Lawyers Write
Each week I will feature a book authored by a member of our esteemed profession. Fiction, nonfiction, law related or not – none of that matters. All that matters is that the author is an attorney.
For the first entry in this feature, I present True Tales of Trying Times: Legal Fables for Today, by Dickinson School of Law professor Robert E. Rains. 
Prof. Rains’s book has a forward by Pennsylvania Supreme Court Justice J. Michael Eakin , known as the "rhyming judge." See, for example, Busch . Busch, 732 A.2d 1274, 1275, 1278 (Pa. Super. Ct. 1999).
I hope to avoid being reduced to trotting out my own books in this feature, so please, if you are a lawyer with a book out, or if you just know such a lawyer, send me the info.
Or, if I run out of books, perhaps I could just put up one of Justice Eakin’s opinions.
Save October 12 for a CLE on "Effective Written Advocacy."
On October 12, the State Bar is sponsoring a CLE entitled
View From the Bench – the Dos and Don’ts from the Judges themselves!!
It consists of two sessions, “Effective Oral Advocacy” in the morning and “Effective Written Advocacy” in the afternoon.
I’ll be moderating for the afternoon session, which will feature a panel consisting of :
Hon. Stewart L. Bell Hon. James M. Bixler
Hon. Elissa F. Cadish Hon. Kenneth C. Cory
Hon. Jackie Glass Hon. David T. Wall
The program takes place at the Golden Nugget. Attendees will receive a bonus copy of of Effective Lawyering: A Checklist Approach to Legal Writing & Oral Argument., by Austen L. Parrish and Dennis T. Yokoyama. Each session offers 3 CLE hours.
Learn to write articles
The last segment of Practical Writing fro lawyers occurs this Friday, August 3. I'll present Part 3 - "Win Clients and Impress Partners with Article Writing."
This CLE provides a step by step process for preparing articles for both public and legal consumption. Honest, it really isn't that difficult.
Call the Clark County Bar 387-6011 or go here for info on signing up.
Explaining law with the use of simple shapes
Erik J. Heels has posted a Drawing That Explains Copyright Law. He also has a Drawing That Explains Patent Laws. He explained that he did this because a friend’s child shadowed him at work one day, and he tried to explain things in as simple a way as possible.
I am not a visual person. I cannot even begin to think how I might attempt Venn diagrams or pyramids to explain litigation of any variety, even something as relatively simple as contract disputes, let alone IDEA or other discrimination claims, ballot initiative challenges, or construction defect. (OK – if I still did plaintiffs’ construction defect, I’d probably draw a house falling down. . . )
But perhaps some of you out there are cleverer with the sketch pad than I. Give it a try.
Hat tip to Carolyn Elefant at Legal Blog Watch.
Briefs on Briefs
There 's still time to sign up for the CLE I am giving for the Clark County Bar Association this Friday, July 6, 200, from 1 to 3:15.
Briefs on Briefs will show you how to use fiction writing techniques to grab the hearts and minds of the judges (your readers).
We'll discuss such important brief writing topics as theme, characterization, and keeping prommises to readers, as well Star Wars and The Wizard of OZ. Plus, I have it on good authority that cookies will be served.
Click here for online registration.
Online Resources for Writers
The (New) Legal Writer offers a list of online writing resources. It’s a useful list, but excludes a few of my favorites.
For example, ever since my college English Usage, where we actually spent time comparing dictionaries, I’ve been a believer in the genuine Merriam-Webster. You can search words for free, but they will try to get you to sign up. And now they have an “open dictionary” - dictionary wiki. I may use this to understand the lingo of all these associates who are young enough to be my children.
And since I’ve been known to slip a few quotes into a brief now and again, I also enjoy The Quotations Page. But other good sources for quotations by topic are World of Quotes and, for less formal matters, Amusing Quotes.
Finally, I’ve not found any nifty guides to brief writing on the 9th Circuit website. There are some interesting things at the Court’s Downloads page, though, including a Standards of Review manual and various forms.
Keep it simple; appear smarter
One of the tips I give to those who wish to improve their writing is to aim for an 8th grade reading level. My goal is clarity.
But there are other reasons to keep things short and simple. Apparently, there is evidence to support the idea that the longer the words you use, the less intelligent the reader will perceive. Check out Long Words Make you Look Stupid at Manage Your Writing. A study revealed that as readers read written passages, and rated the competence of the writer, as “complexity increased, the judges' estimation of the author's intelligence declined."
Hat tip to the Legal Writing Prof Blog.
More wikis
What can I say – wikis fascinate me, as my previous post about Wikipedia might suggest. So I was quite excited to hear about Top 7 Alternatives to Wikipedia posted by Jimmy Atkinson at OEDb. Three of the seven alternatives are other wikis, including Scholarpedia, which limits contributors to approved scholars; Citizendium, created by one of the founders of Wikipedia, but with content approved by editors; Conservapedia, a conservative, Christian-based wiki that doesn’t allow any of that nasty sex or other left wing type stuff; and—oh, joy!—even Uncyclopedia, a “content-free” encyclopedia (sort of an Onion version of Wikipedia).
That made me wonder what other wikis are out there. Previously, I listed a variety of law related wikis, but I knew there must be some really fun wikis. Here are a few that caught my pop-culture addicted eye:
Romance Wiki (produced by my friend, Kassia, at Booksquare.com);
Memory Alpha, a Star Trek wiki;
Wookieepedia, a Star Wars wiki;
and my new favorite, Wikiquote. Since I like to sprinkle a quote into my briefs where appropriate, I think I’ll find this cite useful, as well as fun.
Friends no help to Libby
Those of a certain political persuasion are indignant that Scooter Libby was convicted, and accordingly, sentenced to a prison term of 30 months. So they gathered up a dozen prominent legal scholars to file an amicus brief in support of Libby’s motion for stay of the sentence pending appeal as, they claim, Libby’s appeal raises a substantial legal question. That legal question revolves around whether the indictment should be dismissed because of alleged improper delegation of authority to the special prosecutor.
Judge Reggie Walton, pictured right, 
a GWB appointee who had ruled against Libby on this issue, gave leave to the scholars to file their brief. However, Judge Walton included the following sardonic footnote in the order granting leave:
It is an impressive show of public service when twelve prominent and distinguished current and former law professors of well-respected schools are able to amass their collective wisdom in the course of only several days to provide their legal expertise to the Court on behalf of a criminal defendant. The Court trust that is a reflection of these eminent academics’ willingness in the future to step up to the plate and provide like assistance in cases involving any of the numerous litigants both in this Court throughout the courts of nation, who lack the financial means to fully and properly articulate the merits of their legal positions even in instances where failure do so could result in monetary penalties, incarceration or worse. The Court will certainly no hesitate to call for such assistance from these luminaries, as necessary in the interests of justice and equity, whenever similar questions arise in the cases that come before it. Just how unimpressed Judge Walton actually was by the offering of the likes of Robert Bork, Alan Dershowitz, and even, from my own beloved law school alma mater University of Colorado, Robert F. Nagle, was revealed at the hearing of the motion. According to this post at The BLT: The Blog of Legal Times, Judge Walton dismissed the amicus brief as “not something I would expect from a first year law student." When Libby’s counsel suggested there must be significance in the fact that 12 scholars who ordinarily “couldn’t agree on the best way to give change” for a nickel, the judge replied, “I guess if I’d gotten smart submissions, maybe.”
Having some experience with briefs from first year law students, I decided to take a look at the amicus brief myself. I don’t know that I’d agree that the average first year law student would necessarily have done better in terms of analysis, but I will say that the persuasive tone was underwhelming. After all, to obtain a stay of the sentence, Libby had to must show both that the legal question presented is significant and that he is likely to prevail on that question. A tepid statement like “the question is, at the very least, one that could well be decided the opposite way from this Court’s conclusion,” p. 5, has more the flavor of a memorandum written by a first year associate than of a brief written by a first year law student.
Judge Walton ordered Libby to appear to commence his sentence in 6-8 weeks. An "emergency" appeal is expected.
Meanwhile, the WSJ's Law Blog offered the scholarly 12 the opportunity to rebut Judge Walton's opinion, with their replies here.
Hat tip to How Appealing.
Those who can't, teach
This evening, I am tempted to review every document containing my name floating on the web , for fear that some item for which I did an unusually abysmal job of proofreading will surface to slap me in the face. Since I feel certain the world abounds with docs with both my name and typos out there, and not just on sites I control, I won’t make the attempt to remove them. But, dare I hope there is nothing to suggest I couldn’t write my way out of a paper bag?
Just in case, I’ll offer a mea culpa now. And perhaps mention glass houses….
What, you may ask, evokes my anticipatory apology?
It's the sight of a director of a law school legal writing director being pilloried because an example of her writing has surfaced, and does not impress. At least, not favorably.
Continue Reading...Practical Writing for Lawyers - Starts tomorrow
File this under shameless self-promotion:
Tomorrow afternoon I will present the first of a three part CLE series on "Practical Writing for Lawyers."
Part 1 is devoted to the "Seven Steps to Effective Writing." And yes, I really will be revealing all the secrets, heretofore known only to "real" writers, for effective written communication. Honest!
Part 2 - Briefs on briefs, wherein I explain how to use fiction writing techniques for persuasive writing, will be July 6.
On August 3, I'll present Part 3 - "Win Clients and impress Partners with Article Writing." This CLE provides a step by step process for preparing articles for both public and legal consumption.
Call the Clark County Bar for info on signing up for one or all of these - 387-6011.
We don't need no stinkin' rules. . .
Last Friday, the Ninth Circuit issued an order granting permission to file an oversized supplemental brief. Circuit Judge Alex Kozinski’s dissent to that order was also published. Apparently, the petitioner in the case filed a supplemental brief that was exceeded the word limit, and three weeks later sought retroactive leave to do so. Kozinski would have preferred the court to require a conforming brief to be filed.
Kozinski’s dissent repeats the mantra of legal writing enthusiasts everywhere (indeed, perhaps all writing enthusiasts?): less is more. He concludes his dissent by stating “tightening up petitioner’s brief to conform to our rules would not only help conserve judicial resources and promote respect for our rules, it would better serve the client.”
While flexibility and understanding are certainly desirable qualities in a court, can anyone really argue with that sentiment?
Sandra Day O'Conner creating web site for education about court systems.
A transcript of Former U.S. Supreme Court Justice Sandra Day O’Conner’s interview on Fox New Sunday is available here. O’Conner explains she feels such a web site is needed because civics is no longer required in the curriculum of many high schools. She states “hope that we make this so interesting and so informative and engaging that a new generation is going to learn about how our courts work.”
Noting the recent celebration of the 400th anniversary of the Jamestown settlement, O’Conner stated her belief that one of the most important things the settlers at Jamestown did was import the British system of common law.
Case studies of word wars
As an occasional teacher of writing, I am always interested in cases where grammatical irregularities lie at the heart of the dispute. Robert C. Cumbow offers some examples in “News from the Trenches in the War of the Words,” published in the Washington State Bar News.
Cumbow also points out that U.S. Supreme Court Justices Antonin Scalia and Clarence Thomas do disagree on some things, as Thomas forms a possessive of a singular noun ending in “s” with a lone apostrophe, while Scalia uses the Strunk & White approved addition of another “s” after the apostrophe. See Kansas v. Marsh. Justice David Souter sides with Scalia on this one.
Thanks to Tabitha Keetch for the heads up on this article!
A page turner of an opinion
A page turner of an opinion
I’ve long been a proponent of using fiction writing techniques in legal writing. But even I am bowled over by the gripping opinion created by Judge Farmer of the Fourth District Court of Appeals of the State of Florida in Funny Cide Ventures, LLC v. Miami Herald Publishing Co. Alas, the rest of the court did not appreciate Farmer’s style, and so the first opinion is same old, same old. But read on. You’ll get to the good stuff.
Thanks to Abstract Appeal for the heads up on this opinion.
Engaging once again in shameless self-promotion, I’ll remind readers that I’ll be teaching some of those fiction writing techniques in the three part CLE for CCBA, Practical Writing for Lawyers on June 2, July 6 and August 3. Click here for more info. However, I can’t promise advice on making your legal writing sound like a Broadway musical.
Citations to Wikipedia May be Hip, But Are They Reliable?
Texas Appellate Law Blog recently questioned whether the 5th Circuit should have cited to Wikipedia for the definition of the word “accrue” (although the term defined in the wiki is actually “accrual”). With Exxon Mobil Corp. v. Commissioner, the 5th Circuit joins a number of other federal circuits who have similarly cited to the collaborative encyclopedia as an authority.
The Volokh Conspiracy first reported a federal court citation to Wikipedia way back in 2004, noting the potential risk to citing to an authority that is “so easily compromised.” Fast forward a few years, and in January 2007, the New York Times reported that more than one hundred judicial opinions, including 13 from circuit courts of appeal, contained references to the wiki resource. The Times article discusses the advantages and disadvantages of such usage, with the various legal authorities cited therein generally coming down in favor of citation if limited to tangential, background matters.
I began writing this post with the idea that protests against citing wikis were but another example of Luddite-like obstinacy against progress. Why shouldn’t collective intelligence be considered reliable, especially when used for matters such as popular definitions? As James Surowiecki told us in The Wisdom of Crowds, “Ask the Audience” was the most reliable lifeline in Who Wants to be A Millionaire?
But then I stumbled upon Wikipedia’s own article on the topic, Wikipedia as a court source. In contrast to the New York Time’s count of more than one hundred references (confirmed by a quick review of the results of a Westlaw search), Wikipedia reports itself appearing in fewer than forty citations – and more than a few of those were not even court opinions, but instead, references in briefs and foreign legal documents. The most recent example, Exxon Mobil Corp. does not appear.
Therein lies a substantial risk of citing collaborative resources. None of the collectively intelligent have yet taken sufficient interest in this topic to insure the litany is complete.
Shameless Self Promotion
In the fiction writing world I inhabit while not lawyering, any email or Internet posts about one's public writing-related appearances are referred to as "shameless self promotion." Bear with me then while I shamelessly promote my writing-related public appearances. ( I will NOT be signing at books at these events, however.)
Yours truly will present a three part CLE series on "Practical Writing for Lawyers" for the Clark County Bar Association. Register here. Each seminar will take plaice at the Clark County Bar Center, 725 S. 8th Street, Las Vegas. The three seminars are:
Part 1 - The Seven Plagues of Ineffective Writing - Friday, May 4, 2007 1:00-3:15 pm
Think grammar, punctuation and other writing rules are just for kids? Think again. Rules exist to prevent ambiguities and misunderstandings; language rules are no exception. Avoiding these seven common writing pitfalls will help you avoid ambiguities and misunderstandings in all of your legal writing - contracts, letters, reports, briefs, etc. Clarity is the soul of communication – learn to write clearly.
Part 2 - Briefs on Briefs -- Short, Sweet, and Persuasive - Friday, June 1, 2007 1:00-3:15 pm
At both the trial and appellate levels, written advocacy provides your best opportunity to present the facts and the legal authority supporting your client's position. Learn how to incorporate the key components of clear, articulate, and persuasive briefs into your writing to help the judge understand why your client should win.
Part 3 - Win Clients and Impress Partners with Professional Article Writing - Friday, July 6, 2007 1:00-3:15 pm
Articles on legal topics need not be dry discourses filled with obscure footnotes. Learn to pitch, plan and present clearly written articles to showcase your expertise, market your practice, and inform your clients and colleagues.
