Joe Regalia Profile picture
Jul 18, 2022 9 tweets 4 min read Read on X
With a slew of #SCOTUS opinions comes lots of great #legalwriting examples!

In Justice Kagan's Wooden v. U.S. opinion, let's break down three simple tools we can all use:

1. TLDR Intros
2. Simple Sentences
3. Trendy Transitions

1/x
TLDR Intros (quick intros that dish the key points in a document) are now common with judges and lawyers alike.

How do the greats craft them?

1. Give readers context - why is this dispute here?
2. Insert choice details to prime
3. Highlight your legal pitch
In a paragraph, Justice Kagan orients you to the situation and highlights several charged facts:

(1) that the defendant faces a hefty 15-year sentence,

(2) that the lower court is piling on 20 years after the fact, and

(3) this was a single facility on a single evening.
She also includes her key legal pitch: It's absurd to base a statutory trigger on distinct moments in time rather than a common-sense understanding of a single event.
Great legal writers spoon-feed ideas to readers - using sentences that tend toward the simple. Many of the best sentences are so simple all they need is a period.

When great writers get more complex and pack more groups of words (and ideas) into a sentence, they have a reason.
The first sentence is a simple clause.

The second sentence offers two simple, related ideas.

The third sentence is again only two groups of words and a simple structure (a phrase with some context to set the scene for the officer's visit)...
The fourth sentence is another simple single-clause sentence. And then when we finally get a few groups of words in the fifth sentence, it's crafted complexity. A narrative sentence meant to convey unfolding events and a scene.
Finally, the greats often do two things with transitions.

First, transition by adding helpful guides to your sentences - don't just insert empty transitions like "furthermore" that tell readers "another point is coming."
Second, vary your transition phrases throughout your document so that readers don't notice them. And vary also by echoing words or concepts from the prior sentence (instead of always relying only on transition phrases).

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More from @writedotlaw

Dec 23, 2024
The best legal writers are those with the biggest boxes of authority evidence.

These attorneys can work creatively to make readers question, even when a precedent seems like it binds the result.

Here are five tools to help you start filling your authority-evidence toolbox. 🧰
1️⃣ Use multiple types of authority evidence for key points.

Often it’s more persuasive to combine multiple types of authority evidence—a quote, a comparable fact, and so on—rather than relying on only one dimension of an authority. (2/6) Image
2️⃣ Quote authority.

Use quotes to illustrate how rules work. As with all quotes, use the smallest portion of text that will illustrate the most useful information. (3/6) Image
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Dec 20, 2024
Let’s take a look at an opinion penned by the writing maven Judge Don Willett (@JusticeWillett).

The Judge gave us a holiday present better than anything under the tree:

A document packed with writing examples and visuals that might convince you to try something similar. 🧵
➡️ Use visuals when words aren’t enough.

If you’re explaining complicated concepts, untangling processes, or showing readers data—pull out your visual toolbox.

Judge Willett teaches us how an esoteric blockchain technology works using some simple diagrams. (2/8) Image
Image
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They give you useful shorthands to make remembering complicated concepts a snap.

And they explain terms in simple words whenever it might not be obvious. (3/8) Image
Read 8 tweets
Dec 10, 2024
Adding insight or explanation in a parenthetical after a citation can do wonders for your readers.

But too many thoughtless parentheticals can make this tool worthless.

Let’s explore three common mistakes to avoid: 🧵
First, parentheticals are not the place to deliver crucial points for the first time.

If you’ve never made the transferred intent point in this next example, then don’t expect your reader to see it crammed inside a parenthetical. (2/6) Image
Second, don’t use parentheticals for tangential points that won’t help your reader understand the law, the facts, or your reasoning.

In other words, don’t use parentheticals to pad your legal writing so that it looks more “supported.”

Readers won’t be impressed. (3/6)
Read 6 tweets
Nov 13, 2024
Striking the right tone is tough for legal writers.

Much of what we read in the legal world is either dry, boring, or over-the-top and downright scandalous.

But it turns out that the most persuasive tone in legal writing is a likable one. Here’s why this works: 🧵
We use approachable language that doesn’t talk down to readers while avoiding any esoteric references that sound condescending.

Also, we respect our readers’ judgment by encouraging them to reach conclusions based on the law and the facts—not our opinions. (2/6)
This point is key:

Readers trust conclusions more when they help connect the dots themselves.

Why? Because when we contribute to the final product, we trust it. (3/6)
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Nov 8, 2024
A star-studded cast of legal writers took on the @EPA over controversial electric vehicle rules.

The brief is a treasure trove of persuasive writing techniques ranging from small style tricks to major messaging strategies.

Let’s see how some of the greats do what they do:🧵
1️⃣ Good legal writing boils down complex issues into clear, memorable points.

By offering distilled takeaways, writers prime the reader to engage with the argument and absorb the details.

The team makes sure you know exactly what’s at stake and why their argument matters. (2/9) Image
2️⃣ Themes give readers a throughline—a core narrative they can latch onto.

This brief uses themes strategically to weave together disparate points.

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Nov 1, 2024
GenAI operates in two modes: reasoning and nonreasoning.

For legal writers, understanding GenAI’s reasoning abilities is key to producing accurate results.

But how do you master that? Let’s break down the process: (1/6)
➡️ In reasoning mode, GenAI retrieves information first and then uses it to complete the next task.

➡️ In nonreasoning mode, GenAI quickly generates answers based on its general knowledge. (2/6)
Chain-of-thought (COT) prompting is used to trigger GenAI’s reasoning capabilities.

The easiest way to trigger reasoning is to use some magic words in your prompt.

Research suggests that including language like “Let’s think step-by-step” can improve response quality. (3/6)
Read 6 tweets

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