writing

On Email Disclaimers

On whether to create email disclaimers that have:

no qualms about indulging in the more obnoxious trademarks of legalese, including but not limited to (i) the phrase “including but not limited to”, (ii) the use of “said” as an adjective, (iii) re-naming conventions that have little to no basis in vernacular English and, regardless, never actually recur (hereinafter referred to as “the 1980 Atlanta Falcons”), (iv) redundant, tedious, and superfluous repetition of synonymous terms . . .

The whole thing is hilarious and spot on.  I think I'm going to remove said disclaimer right now.

(Via Ben Brooks)

Lean Writing

Can lean improve your writing?  Let's take two essential lean concepts and see how they apply.

Minimize Waste

Eliminating unnecessary words makes for good writing. Ask any editor or writing coach. Removing unneeded words is reducing waste in your writing.
Think of editing as a form of kaizen, the process of continuous improvement.

Respect for People

How often do litigators exchange briefs or letters filled with invective and hyperbole?  By all accounts, judges hate this. This style of writing may satisfy the emotional needs of lawyers and their clients, but it rarely serves their interests. Yet many lawyers persist in thinking that diligence requires them to be mean and disrespectful. As Gary Kinder teaches, judges want to be fair and are more likely to be persuaded by your writing if it is fair too. Therefore, showing respect for your adversaries and their lawyers makes you a better advocate.

D. Mark Jackson
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