"Legal-Writing Myths" is the name of a two-part column that Judge Gerald Lebovits has published in his "The Legal Writer" column in The New York State Bar Association Journal[membership required].
I am particularly keen on Judge Lebovits's way of exploding the myth that literary style isn't important in legal writing.
He says:
Reality: You can’t be a great lawyer, whatever your other qualities, unless you write well. As Fordham Law School’s ex-Dean Feerick explained, “Without good legal writing, good lawyering is wasted, if not impossible.” Imperfect writing leads to imperfect results: “[A]bout as many cases are lost because of inadequate writing as from inadequate facts.”
I think that law school and legal practice are excellent training for precise writing. I have met some great lawyers. They have been extraordinary writers. The clarity and precision of their writing are extraordinary.
Judge Lebovits quotes University of Michigan Professor Frank E. Cooper: "One of the singular distinctions of the legal profession is that lawyers have but one tool — language."
Note. Judge Lebovits sits on the New York Civil Court, Housing Part, and he teaches as an adjunct at New York Law School. He adapted his columns from his book Advanced Judicial Opinion Writing.
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