Tag Archives: LPL

LawProse Lesson #176: “Who” vs. “whom”

Who vs. whom. Edward Sapir, the philosopher of language, prophesied in 1921 that “within a couple of hundred years . . . . not even the most learned jurist will be saying ‘Whom did you see?’ By that time the … Continue reading

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LawProse Lesson #175: Just between you and ME . . .

Just between you and ME . . . The grammatical blunder *between you and I is pervasive in writing and speech generally, and legal writers are hardly immune. Writing or saying *between you and I (or *for you and I, … Continue reading

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LawProse Lesson #174: Me, Myself, and I

Me, Myself, and I. A pervasive uncertainty about pronoun cases has led to the rampant use of myself as a stuffy substitute for I or me. Not this: Taylor and myself attended the settlement conference. But this: Taylor and I … Continue reading

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LawProse Lesson #173: “On behalf of” and “in behalf of”

On behalf of and in behalf of. On behalf of stalwart stylists everywhere, I write in behalf of maintaining the traditional distinction between these phrases. Careful writers distinguish between them. To act or speak in behalf of someone is to … Continue reading

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LawProse Lesson #172: What’s new in the third edition of “The Winning Brief”?

What’s new in the third edition of The Winning Brief? Answer: Hot off the presses, the 775-page third edition contains nine new sections. This new material includes tips on understanding judges’ reading habits, answering opponents’ arguments, writing effective reply briefs, … Continue reading

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LawProse Lesson #171: “On” or “upon”?

On or upon? These prepositions are usually synonymous and used in virtually identical ways. The distinctions are primarily in tone and connotation. On — the shorter, simpler, more direct word — is generally preferable {the trial court’s decision was based … Continue reading

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LawProse Lesson #170: Why does it matter how you state a legal issue?

Why does it matter how you state a legal issue? It matters in the most fundamental way: it can determine whether you win or lose. It’s the most important aspect of a lawsuit. Bryan Garner, author of The Winning Brief, … Continue reading

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LawProse Lesson #169: Persuasive motion practice.

How much can you learn about persuasive motion practice in one day? A whole lot — if you have the right teacher and the right approach. LawProse’s new Winning Brief seminar — with its 3d-edition 775-page coursebook published by Oxford … Continue reading

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LawProse Lesson #168: Structuring a textual argument.

Structuring a textual argument. Here’s a little-known secret of advocacy: courts tend to analyze questions of interpretation systematically — in this order: (1) text, (2) structure, (3) purpose, and (4) history. The courts, especially federal courts, have explicitly endorsed the … Continue reading

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LawProse Lesson #167: The evolution of “beg the question.”

The evolution of beg the question. Traditionally, this phrase means “to base a conclusion on an assumption that is as much in need of proof or demonstration as the conclusion itself.” The formal Latin name for this logical fallacy is … Continue reading

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