Katie Doherty

Possessives are another snag for legal writers. First, don’t be confused about plurals that aren’t possessing anything. When making a noun plural, simply add an -s or an -es (if the word already ends in s or an s sound). There’s no need for an apostrophe in “turtles.” Most singular nouns get an apostrophe and an s for possession. “The attorney’s brief” signifies that the brief belongs to the attorney. For plural nouns that end in s, simply add an apostrophe. “The partners’ agreement” means multiple partners share the agreement. Beware the possessive versus contraction conundrum. Wherever you see it’s, you’re dealing with a contraction of it is, not the possessive form. For possession, use its sans apostrophe, as in “its contents did not reveal anything suspicious.” When two people jointly possess something, only the last noun needs the possessive form: ➡️ Tom and Jane’s property indicates the land co-owned by Tom and Jane. But if we were talking about each person individually, then both would get the possessive apostrophe: ➡️ Tom’s and Jane’s beliefs differ greatly from one another. Inanimate objects, buildings, and furniture don’t require apostrophes to establish possession. “The chair leg,” not “the chair’s leg,” tells us that the leg is part of the chair. Navigating the possessive minefield becomes tricky with singular nouns that already end in s. There are two schools of thought—the Chicago Manual of Style suggests an apostrophe and an extra “s” (Jess’s), whereas The New York Times prefers an apostrophe only (’). Take “Jones.” Following each school, the possessive form of his name would look like this: ➡️ Chicago Manual of Style: Jones’s car (with an ’s). ➡️ The New York Times: Jones’ car (apostrophe only). For phrases where you choose whether a noun is plural or singular, just use your preference consistently. So “attorney’s fees” (singular possessive) or “attorneys’ fees” (plural possessive).

5

1 Comment

I'm on a break, focusing on getting some biking in and working on some projects. A thought for now: The legal profession is clearly changing, and the pace of change will likely accelerate from here. It is important to remember that the technology is not morally neutral, as is commonly believed. It has its own predispositions. Its traits will shape the law to some degree. It is important to realize this, but also to avoid anthropomorphizing it, or "technologizing" the human. It has no rights or dignity, and humans are not simply thinking machines. I think the task of jurisprudence going forward should be to understand these developments and clarify the challenges and opportunities by connecting the new developments to the historical understanding of the law. Traditional understanding of law and politics are still very important, and we need the wisdom of the ages to respond effectively to the challenges of today.

19

8 Comments

You know summer is here when a federal court opinion is full of song lyrics related to ice cream and color photos of various flavors. Worth a read. You can tell the judge found a lot of (Good) Humor in the topic. The crux of the case is that plaintiff felt mislead when purchasing Pistachio ice cream from Cold Stone Creamery and later discovered it had no pistachio in it. The court considered whetehr it was fair for the consumer to expect Pistachio Ice Cream to have actual pistachio in it. Some arguments: 1. Cold Stone pointed out that their ingredient list was available online. The court found that unconvincing because the ice cream is being sold in-person. 2. Lots of competitors offering pistachio ice cream actually have pistachio on their ingredient list, thus consumers might expect the same at Cold Stone. The court found a bit of merit in the argument, but weighted it less. In passing, the plaintiff took a dig at Thrifty's Ice Cream and called it "a less premium brand than Cold Stone Creamery." I disagree. Thrifty has good ice cream. Cold Stone has poor quality ice cream. 3. A survey of 400 consumers revealed that 85% expected pistachio to be an ingredient in pistachio ice cream. The court found this to be sufficiently compelling evidence to prevent dismissal of the case. The result: the case will move forward. Some other important learnings. 1. Just because the food does not contain the ingredients you expected, your implied claims of merchantability will fail (in NY) if the food is still edible: "“Where the sale of a food or beverage is concerned, courts have ruled that the product need only be fit for human consumption to be of merchantable quality.”" 2. There is an entire line of cases in NY called "The SDNY Vanilla Cases," litigating about "disaffected purchasers of vanilla products that were derived from substances other than vanilla bean." 2. In the dictionary, "pistachio" is also an adjective - however it refer to the "green colour of the kernel of the pistachio nut," rather than the nut itself.

4

Don't feel qualified for the law job you want? As you know I have a robust coaching business, but after 8 years out of the game, I am applying for legal roles because I love practicing law. A mindset gremlin pops up while I'm reading a job post--"you don't have that qualification" it says. I do what the young people are doing and pop my resume and the job post into #ChatGPT asking it to draft a cover letter The output blew my mind. I sound amazing! But it appeared ChatGPT took it's liberties with my qualifications and skills. I prompted it to review my resume and substantiate the claims it made about my experience and expertise. Below is the AI's work, excerpting sections of my resume proving my qualifications... Independent Contractor in Landlord/Tenant, Estate Planning, & Business Law - You've managed cases from initiation to resolution, which includes drafting, filing, and prosecuting evictions and handling foreclosures and injunctions. This demonstrates your ability to oversee cases from the beginning to their conclusion. 🤩 Goede, Adamczyk, DeBoest, & Cross, PLLC - As a Junior Attorney, you handled ongoing litigation and high-volume collection cases, representing clients in court and managing all stages of the litigation process. 😮 Special Counsel, Orlando, FL - In your role as a Contract Attorney, you used document review platforms extensively, which often involves managing a significant amount of documentation and data protection throughout the lifecycle of a case. 😵 I was dumbfounded I had not given myself, or my experiences enough credit Some call this unconscious competence But when it gets in the way of you competing for the jobs you want, it's now called imposter syndrome Having the skills, yet not having conscious confidence of those skills will hold you back. Maybe you'll recruit chatgpt to tell you how wonderful you truly are--and believe it this time.

4

Wanna a quick tip on being a better #criminaldefensetriallawyer? Ok, here ya go. Ready? Ok, it's pretty simple. The way to become a better trial lawyer, is to try more cases. I go on a pretty regular bases.and not necessarily by design. I'm about to start my 6th felony jury trial of the year, and have 5 more lined up. The system demands us to push back. Ofherwise the prosecutor/government just runs roughshod over the accused. Trial is an art form. "Old heads" like me need to pass on what we've learned and provide opportunities to the next group coming up. "We're losing. recipes!" #triallawyer #jurytrials #criminalsefense

29

4 Comments

Chancery Finds Egregious Conduct in Books and Records Action Justifying Fee-Shifting Against Corporation 💡 - Here, the Court found the defendant-corporation’s extraordinary attempts to resist a stockholder’s books and records demand under 8 Del. C. § 220 (“Section 220”) warranted requiring the corporation to pay the stockholder-plaintiffs’ attorneys’ fees and expenses. Authors: Eric Hacker, Joe Leonard, K. Tyler O'Connell Read More: http://bit.ly/49vWvtJ #CorporateLitigation #BooksAndRecords #FeeShifting

2

Expectations. Expectations everywhere. In the Legal Profession there's an 'expectation' undertone from day one. What are these expectations? - Open communication. Let your team know if/when you have capacity to help out. Be honest about your current workload. Saying 'no' is not a sign of incompetence, it means you care about your output. - Be reliable. To be honest, this is a tough one to learn coming from Law School. Working in a team is a learning curve more than an expectation, but you must take action. Acknowledge receipt of emails / instructions. Clarify/ask questions when you don't understand. Admit when you have made an error. - Be proactive. Follow up on deadlines. Take responsibility for tasks. Search for solutions when you are faced with a problem. Don't sweat the easy stuff - the main aim is to ensure that your client feels heard, understood and taken care of. #growth #lawyer #corporate

9

2 Comments

Advocates can't talk with judges. They (usually) can't see from their expressions whether judges are bored, distracted, or hostile. They can't command attention by modulating their voice or pounding on the lectern. But here's what they can do: Find ways to write so clearly and emphatically that the court cannot misunderstand your arguments and cannot fail to be impressed with the convincing force of your written argument. Follow Patrick Hagen and click the 🔔 to get my next legal writing tip.

76

Where s the apostrophe? I read a brief where every apostrophe was missing. Clearly, it wasn t the legal writer s purposeful omission. The font was "corrupt." Here s how to fix it: 🔹 Select the text; use "Clear All formatting" (the button that looks like an eraser); and re-apply the style. 🔹 Use standard fonts like Times New Roman or Arial (yes, I m a fan). 🔹 Update the software to the latest version. And when all else fails: "Have you tried restarting your computer?" Follow Patrick Hagen and click the 🔔 to get my next legal writing tip. 💼 Business Litigator at Nelson Mullins

118

33 Comments

Legal writing advice from Top Gun: "Because I was inverted." ✈ Create emphasis by inverting the normal word order of a sentence (subject-verb-object), placing the object first. Normal: "He could tolerate laziness or even stupidity. He could not forgive disloyalty." Inverted: "He could tolerate laziness or even stupidity. Disloyalty he could not forgive." Normal: "He treated his daughters with affection. He adored his son from the day he was born." Inverted: "He treated his daughters with affection. His son he adored from the day he was born." The legal writer emphasizes a chosen word or phrase ("disloyalty" and "his son") by placing it before the verb rather than after it. Yep. You started your day with legal writing advice from "Maverick." Follow Patrick Hagen and click the 🔔 to get my next legal writing tip. 💼 Business Litigator at Nelson Mullins

355

51 Comments

Lawyers ponder and pontificate about opposing counsel's potential arguments, but here's one perspective few ever think about: The judge. The burden is crushing. The judge has heard three arguments in the morning--one of which was inadequately prepared and the others boring. In the afternoon, they have read two briefs on other cases. Both were long-winded and largely irrelevant to the issues. Now it's the end of a long day. The judge is tired and irritable. The realization that a stack of other briefs and motions are waiting nearby has caused them to pick up the present brief (yours). They feel they must read it, but they long to go home. Now, play the part of the judge and read your brief as the judge would--not for pleasure but as a duty, and skeptically. Perhaps the judge is muttering: 🔷 "I don't follow this." 🔷 "What does this mean?" 🔷 "Why is this case relevant." 🔷 "I don't understand." 🔷 "They haven't addressed the issue." Or perhaps the judge has now become interested, despite their fatigue, and are saying: 🔷 "I see." 🔷 "Yes, that's very clear." 🔷 "I hadn't thought of that." 🔷 "That's true." You can predict the judge's reactions--you just have to put your "robe" on. Follow Patrick Hagen and click the 🔔 to get my next legal writing tip. 💼 Business Litigator at Nelson Mullins

107

25 Comments

Justice 101 (part 2) Frequently Asked Questions Federal and State Legal Systems What is the difference between the U.S. Attorney's Office and the state prosecutor’s office? What are federal crimes? Investigations & Violations of Law Does the U.S. Attorney's Office investigate crimes? What should I do if I have evidence of a federal crime? What should I do if I have evidence of a state crime? How can I find out if a particular matter is being investigated by the federal government? What if the U.S. Attorney declines a case? What can I do if my civil rights have been violated? Legal Assistance How can I get legal advice or help? Can you suggest someone who could represent me? What can I do if my lawyer is not properly helping me? Can the DOJ help me get a ruling in a case? Federal Cases How can I get my sentence reduced for helping the government in a case? How do I challenge my sentence? How can I file a motion to vacate my sentence or appeal my case? How can I appeal my conviction or sentence? How can I get a pardon? What do I do if I have been the victim of a federal crime? Prisons How can I report federal prison conditions, the inmates, or prison employees? How can I request a prison transfer within the federal prison system? How can I complain about state prison or request a transfer within the state system? https://lnkd.in/e4siQNns

5

'With tens of thousands of trials every year and countless other legal matters happening, there is never a lack of stories centering around lawyers, judges, defendants, victims, and other people within the justice system. Writers can find the inspiration behind every story, whether you want to write one based on true events or come up with an original legal thriller, drama, or comedy narrative. If you’re looking to write a procedural drama or courtroom screenplay that takes place within the legal field, these are 10 screenplays you’ll want to check out.' https://lnkd.in/eK76Yfqh

6

2 Comments

One of the biggest challenges in legal writing is maintaining a fresh writing style without repeating annoying, distracting mechanics. No one likes to hear “plaintiff claims” forty times a page. On the other hand, we can’t vary important content that might confuse readers. Calling something a “certification” at one point and “attestation” at another will just make readers scratch their heads. Let’s explore some common mechanics that you can safely vary while steering clear of repeating specifics: 1️⃣ Vary Dialogue Tags If you repeatedly use “plaintiff states” or “defendant argues,” it grates on your reader’s ears. Instead, vary the labels and location of these tags for improved flow. 2️⃣ Vary Transition Words Another common pitfall is leaning too heavily on words like “furthermore,” “however,” and “therefore.” These words are essential, but overusing them makes your writing feel like a list of bullet points strung together. 3️⃣ Vary Prepositional Phrases These are sneaky little culprits of repetition, especially in legal writing. Phrases like “in accordance with” or “with respect to” are often overused and can make sentences feel weighed down. 4️⃣ Vary Your Legal Authority Intros Repeatedly starting sentences with “according to the court” or “as case law states” makes your argument feel clunky. Check out the example to see how to keep it fresh. 5️⃣ Don’t Vary the Content While variety works wonders for your mechanics, your content words—like names of parties, legal concepts, and statutory references—must remain consistent. This is where clarity becomes non-negotiable. Swipe through the carousel 👉🏻 for a deeper look at each tip. The stakes are high in legal writing, and consistency in your content words assures your reader that you’re precise and reliable. - I’m Joe Regalia, a law professor and legal writing trainer. Follow me and tap the 🔔 so you won't miss any posts.

22

Motions to Compel Discovery: Many attorneys wonder why the don't get the results that they want. They wonder why the judge stops the hearing and makes them go and talk. You are not going to get sanctions if you don't follow the necessary procedures. 1. Make sure your discovery requests are carefully drafted. 2. Make sure you send a specific deficiency letter stating what is missing. 3. Pick up the phone and call the other side. 4. Draft a very specific motion. Be sure to state each deficiency with specificity. Be sure you carefully document your attempts to settle the dispute. 5. Pick up the phone and call the other side again. 6. Make sure you have fully answered discovery. Make sure that you have Bates stamped and indexed your responses. Make sure your objections are proper. If you have not provided documents, make sure you have called and talked to the opposing counsel about why and follow up with a confirmation letter. Go to the hearing with clean hands. 7. Both sides should go to the hearing with clear indexes of discovery and missing discovery. Both should have complete access to all discovery that each side has produced. Remember courthouse WiFi can be unreliable. Consider downloading the documents to your lap top and/or printing documents. 8. Have all of your correspondence printed with enough copies for all sides and the court. Make sure your correspondence is polite. 9. Do not bicker at the Motion to Compel Hearing. Go through each question and answer methodically. Do not call the other side a "liar" or other such names, regardless of your belief in the truth of the matter. 10. Have clear billing statements that segregates out the necessary hours for the Motion to Compel. Be sure not to add normal discovery activity in your request for fees. Be thorough, prepared and polite.

35