Nevada Appellate Lawyer & Attorney : Tami D. Cowden : Nevada Supreme Court, Ninth Circuit Court of Appeals

One of the tips I give to those who wish to improve their writing is to aim for an 8^th 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.

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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?

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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.

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