Joe Regalia Profile picture
Jun 6, 2022 8 tweets 3 min read Read on X
Check out the cool writing choices made by the stellar #legalwriting teams at @WinstonLaw and @Kirkland_Ellis in this single-paragraph introduction kicking off a reply filed today.

Even replying, these pros package everything readers need into a powerfully-written package. 1/x Image
Verbs chosen with care: Not what most would write (the statute is applicable only to...). Instead, the subject is an actor (the Supreme Court) and it's carrying out actions that push the advocacy points (narrowing, requiring, demanding, urging to criminalize...). Image
Choosing persuasive labels for concepts that push advocacy points. "Commonplace gratuities" hits differently than "payments," or even just plain "gratuities." Image
Echoing words in a key sentence so that it stands out from the background. How many times have you read lawyers writing about "alleged quids"? Probably never. And so readers are likely to notice and remember. Image
Using examples to make powerful points. Noting that the punishment is "five times" as much as other provisions may not be legally relevant, but it's a choice example that makes hits hard. Image
Subtly weaving in policy-based details: Like mentioning that the government's pitch would create the "one" immune statute. And a hypothetical with a parade of horribles: If the government were correct...look at the bad things coming. These are simple tools you can apply! Image
This last one is so powerful when you can show that other settled cases would have turned out differently if only the lawyers had mentioned an argument...
I also love when legal writers suggest that the other side is arguing for the opposite of [insert thing we care about--policy, settled law, holding, congressional intent, and so on]

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More from @writedotlaw

Jul 16
If you’ve ever read Frankenstein, you probably spotted the theme without much effort.

Themes are moral, emotional, or practical principles that tie some or all of a document together 📑

But what is the best advice when choosing a theme? (1/10)
✅ Consider your audience and the atmospherics.

Is there a counterargument to your position, a bias your decision-maker will likely have, or some other obvious force working against you?

That’s where you push back. Here’s an example from the NYT v. OpenAI case: (2/10) Image
But what about when you need some inspiration to find the perfect theme?

Three Oxford professors set out to identify the basic values that everyone shares across cultures and demographics.

They found that six principles are consistent across people: (3/10)
Read 10 tweets
May 20
Top legal writers know quality often trumps quantity.

Let’s check out some powerhouse legal writing moves from two teams that couldn’t be more different:

An elite group at the U.S. Supreme Court led by @PaulWeissLLP and a small plaintiff’s firm out of Nevada. 1/🧵
In the opening paragraphs, there were many details the Paul Weiss team could have pointed to.

But instead, they highlighted the single most powerful emotional point. 2/ Image
This team gets bonus points for the sentence style we love here at . 3/ Write.law
Image
Read 9 tweets
Sep 26, 2023
Dry, dense legal issues in the hands of incredible legal writers at @omelvenymyers, @SidleyLaw, @McDermottLaw, @JennerBlockLLP, @troutmanpepper, @BlankRomeLLP, @DorseyWhitney, and Kellogg, Hansen?

Easy-to-read and easy-to-understand briefs.

Let's see how (a🧵1/x)
Responding Done Right.

Many legal writers pen their responses and replies as if their readers had carefully memorized every detail in the prior documents. No.

Check out how the @omelvenymyers pros remind you of enough specifics in a reply so that you can understand now. Image
Usually, we can lead with our affirmative pitch: The question the court must answer is X, and here are the tools to answer that question.

But when you need to take opposing views head-on, use your opponent's words against them and immediately provide specifics to combat them. Image
Read 10 tweets
Sep 13, 2023
Legal Writing Mastery: A Thread 🖋️

🌟 We talk about the power of distilling a lot at @writedotlaw. Not just as an aspiration, but as a skill that only the best legal writers are good at.

Check out some great examples from briefs filed this week across the nation. 1/
Check out how much Supreme Court regular Paul Clement and his team pack into the first sentence of a reply brief this week.

Those specifics dish up most of what you need to know—in the entire brief—with a single opener. Image
Good research suggests that readers—especially legal readers—are more convinced by arguments that sound logical.

Simply by breaking down an argument into pieces and putting it into a logical structure, your chances of persuading audiences rise. Image
Read 10 tweets
Aug 2, 2023
What happens when legal writing pros at firms like @JennerBlockLLP and @bsfllp tackle a tough case?

Fantastic legal writing lessons for us all.

Check out how some of the best lawyers craft the crux, prime audiences to win, and list their path to victory! /x
Introductions are everything.

Legal readers these days want the specific questions and answers at the outset. If they can decide your case in five minutes, all the better!

Start by orienting readers to what your document is about and the questions they need to answer. Image
Prime with context.

If readers might be set out against you (as is often the case when appealing an adverse ruling below), prime readers with helpful context so they are in the best headspace to receive your argument. Image
Read 6 tweets
May 9, 2023
@Disney's complaint against Florida is a master class in advocating through pleadings.

A killer ToC, emotional priming, and surgical quoting give us a lot to learn from!

1/x
☑️ Emotional Priming: Reframe the Bad Facts.

The greatest legal writers don't run from the bad facts.

Instead, they often manage the bad in a couple of ways: (1) providing counter facts that detract from the bad or (2) reframing the bad facts so they look better. Image
☑️ More Emotional Priming: Shifting the Focus.

Now let's look at the other sort of emotional priming: sharing favorable details to detract or redirect your reader's attention. Image
Read 7 tweets

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