Of Trump Cards and Lawyering

King of SpadesSome of the best and the worst of the legal profession can be seen through Socha v. Boughton, No. 12-1598, decided by the Seventh Circuit this past week. The substance of the case involved the court’s applying — for the first time — the doctrine of equitable tolling to excuse a late filing by a state prisoner in a habeas case. This required a conclusion that the district court had abused its discretion in concluding otherwise, including the catchy characterization that “[t]he mistake made by the district court and the state was to conceive of the equitable tolling inquiry as the search for a single trump card, rather than an evaluation of the entire hand that the petitioner was dealt” (slip op. at 19).

Yet it is the lawyering that I want especially to note.

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The Importance of Document Design

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Jim Dimitri’s article, WordWise:  Best Practices in Document Design, is a must read for any lawyer interested in taking advantage of document design in drafting legal documents. Dimitri advises that a writer should “use the most readable font” and “use effective vertical and horizontal spacing” in designing a legal document. Dimitri’s article is useful not only for the advice he gives, but because he defines key concepts in document design, such as monospaced fonts (which “use the same width for each letter”) and proportionally spaced fonts (which use “different widths for different letters”). Dimitri suggests that a writer use proportionally spaced fonts because they are easier to read.

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Cut It Out

EditingKnow how and when to cut words from your sentences during the editing process?  Here are some links to help.

Bryan Garner’s April 2014 ABA Journal magazine article provides a good list of unnecessary phrases.  Garner recommends “axing” words like “herein” from legal documents.

WordRake is an editing program that allows you to upload a document and receive line edits on concision and clarity.  This blog tested the program on some sample Supreme Court authority with favorable results.  Also check out the WordRake blog for editing advice.

One easy starting point for editing is to look for and eliminate “there is” and “it is” from your sentences.  These phrases add meaningless fluff at the most important point of a sentence—the beginning—and often signal the passive voice and nominalizations.  This blog suggests ways to streamline your writing by eliminating “there is” and “it is” (or the past tense version) or phrases like “given the fact that” or “in light of the fact that.”

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