Writing
Thoughts on Working On The Go and the Fluidity of The Office
I listened to a recent podcast where a ultrarunner Dean Karnazes talked (among other things) about how he writes books while he is running using the voice memos app that I am working on right now. He records notes and comes back and transcribes them when he is done with his run. This lets him…
Read MoreChange Form for Better Proofing
The best way to find the typos in a document is to file it or turn it in. When you take a look at it a few minutes later, they will stand out in a way that they had not previously — no matter how much time you spent reviewing your work before. I have…
Read MoreGood Stories are Better than Great Arguments
This post is part of a series on legal writing. I suspect that what follows in the next few days will be contrarian and controversial. People aren’t logical. The ones of us who think we are logical are most susceptible to an emotional appeal. If we were swayed by logic, then political and theological opinions…
Read MorePeople Aren’t Logical. Write Accordingly.
This post is part of a series on legal writing. I suspect that what follows in the next few days will be contrarian and controversial. People are not logical. And there is an inverse relationship between how emotion-driven you are and how logical you perceive yourself to be. Trust me on this one. Or close…
Read MoreDon’t Write Above a Sixth-Grade Level (But Don’t Tell the Reader About This Decision)
This post is the first in a series on legal writing. I suspect that what follows in the next few days will be contrarian and controversial. When I started law school, I thought I was hot stuff. I majored in English in college. I knew a bunch of fancy literary terms as well as the…
Read MoreNeil Gaiman and the Joys of Drafting with Pen and Paper
It may be that putting pen to paper is the perfect way to compose first drafts. Tim Ferriss’s interview with Neil Gaiman has made me rethink my approach to drafting briefs and motions. Neil Gaiman is my favorite fiction author. And I loved much of his approach to writing, from the habits he uses to…
Read MoreEnough with the Allen Charges — Readable and Entertaining 11th Cir. Opinion
I enjoy reading opinions by Eleventh Circuit Judge, Ed Carnes. And Brewster v. Hetzel may be my new favorite. It’s a rare habeas case out of Alabama (or anywhere) where the habeas petitioner wins. And the subject matter is a deadlocked jury and the lengths a trial court went to flip the holdouts for acquittal.…
Read MoreThoughts on a Day in Court
Yesterday, I spoke on my aversion for offices and love for working pretty much anywhere. Here are a few more details. This morning, I had calendar in Gwinnett County, Georgia, which is pretty far away from where I live. Since I was taking over for another lawyer, I had to file a document known as…
Read MoreA Few Thoughts on Motions for Reconsideration
This week, I became involved in an appeal much later than I typically do. The Court of Appeals had already made its decision, and I drafted a motion for reconsideration for my new co-counsel. Typically, when I draft a motion for reconsiderayion, I am getting my ducks in a row for a petition for certiorari…
Read MoreOne-Liner of the Seminar Regarding the Goals of a Cert. Petition.
Last weekend, I chaired a two-day seminar on appellate and habeas practice. GACDL hosted the seminar at my alma mater, the Georgia State University College of Law. I’m jealous of their new building. We didn’t exactly have it tough at the old Urban Life Building, but the new kids are lucky to be in such…
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