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New Jersey Appellate Division Decides in Public Contract Bid Rules Case
December 7, 2023
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Bar Still High For Injunctive Relief In NJ Public Bidding Cases
Law360
August 13, 2019
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Bigger is Better — The Health of the Racing Industry in New Jersey Depends on Large Purses
New Jersey Lawyer Magazine
April 1, 2013
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New Jersey Close to Approving Mobile Gaming
Casino Enterprise Management Magazine
September 1, 2012
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Open A Brief With Substance, Not Bluster — Mere posturing is ineffective
New Jersey Law Journal
January 24, 2011
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Let the Implicit Stay Implicit — You Need Not Say What Need Not Be Said
New Jersey Law Journal
December 13, 2010
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Verbs Are Dynamic and Economical — They Get Directly to the Point
New Jersey Law Journal
September 6, 2010
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Rearrange Sentences to Minimize Interruption — Make the Reader’s Job Easier
New Jersey Law Journal
June 28, 2010
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Good Facts, Good Law, and Good Writing All Persuade — Good Writing Enhances the Credibility of Your Message and You
New Jersey Law Journal
May 31, 2010
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Editorializing, Gratuitous Verbiage and Verbatim Tracking Don’t Persuade — Many of the rhetorical tactics that you think work don’t
New Jersey Law Journal
April 26, 2010
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Replace Neutrality With Advocacy — Choose Words That Aid Your Cause
New Jersey Law Journal
March 29, 2010
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Don’t Ask the Court to Take a Leap of Faith to Get Where Wishful Thinking Has Taken You
New Jersey Law Journal
February 22, 2010
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Take the Gild off the Lily and Save Words in Bunches — Extra Words Don’t Add Punch; They Just Add Weight
New Jersey Law Journal
January 25, 2010
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Introduce Long Discussions With Substantive Summaries — A précis will assist and may persuade the reader, and it may help you clarify your thinking
New Jersey Law Journal
November 23, 2009
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When Acknowledging a Mistake, Highlight The ‘Fix’ If You Have One — Tailor your apologies to the circumstances
New Jersey Law Journal
October 19, 2009
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Control the Urge To Tell All — Be candid but not confessional
New Jersey Law Journal
September 14, 2009
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Be Selective, Not Linear, in Legal Argument — Control the material; don’t let it control you
New Jersey Law Journal
August 10, 2009
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Saving Words Pays Many Dividends — Trim words, sentences, paragraphs, and even arguments to tighten a brief
New Jersey Law Journal
July 13, 2009
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Be Candid But Selective in Describing Case Holdings — As with all other aspects of persuasive legal writing, take control of the material
New Jersey Law Journal
June 1, 2009
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Keep The References in A Sequence Consistent — Variety isn’t the spice of life if it is counterproductive
New Jersey Law Journal
May 4, 2009
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Ironic Quotation Marks Can Be Overused — Ask yourself whether mild sarcasm will help or hurt the presentation
New Jersey Law Journal
April 8, 2009
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Make Your Point Before Accusing The Adversary of Ill Motives — Earn the right to express moral disapprobation
New Jersey Law Journal
March 2, 2009
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Shorthand References Should Guide, Not Divert — Use them discretely when necessary
New Jersey Law Journal
February 2, 2009
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To Find the Focal Point for Your Attack, Find the Forest — Look for the most serious affront to the moral matrix
New Jersey Law Journal
January 5, 2009
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In Case Summaries, Make Your Point Sooner Rather than Later
New Jersey Law Journal
December 1, 2008
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A Paragraph Should Make a Point Quickly and Compactly — Subject matter and purpose dictate the length
New Jersey Law Journal
November 3, 2008
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Remove Subordinate Thoughts That Occlude Your Point — Crispness tends to be better than embellishment
New Jersey Law Journal
September 29, 2008
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Dross Disappears and Points Emerge as Groupings Improve — Beware of bland connectors like “In addition”
New Jersey Law Journal
August 25, 2008
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Don’t Let Advocacy Get Personal — Be wary of ascribing motives you suspect but cannot prove
New Jersey Law Journal
July 28, 2008
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Subheadings in the Statement of Facts Guide and Persuade — Internal markers help readers sort and retain data
New Jersey Law Journal
June 23, 2008
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Use Adjectives Sparingly But For Maximum Effect — Look for modifiers that reinforce your theme
New Jersey Law Journal
May 26, 2008
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Reasons Consist of Facts Rather Than Conclusions
New Jersey Law Journal
May 12, 2008
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Choose an Approach That Will Appeal to the Court's Conscience
Michigan Bar Journal — Plain Language
May 1, 2008
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Look for Opportunities To Delete 'Any' — The intensifier is usually gratuitous
New Jersey Law Journal
April 14, 2008
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Be Willing to Declare Causation — Assertiveness shows confidence and aids clarity
New Jersey Law Journal
March 31, 2008
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Avoid Double Negatives Because They Tend to Confuse — Positive statements are easier to grasp
New Jersey Law Journal
March 3, 2008
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Temper Your Jargon — Always ask yourself if the reader will know what you mean
New Jersey Law Journal
February 4, 2008
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Precision Requires Careful Evaluation — Choose the best word to deliver each component of your message
New Jersey Law Journal
January 21, 2008
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Use Emphasis to Overcome the Reader’s Resistance — Repetition and word placement help drive the point home
New Jersey Law Journal
January 7, 2008
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Advocacy Targets Human Tendencies — Readers are vulnerable to tactics that would be lost on computers
New Jersey Law Journal
December 24, 2007
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Unsupported Conclusions Are Not a Good Way to Begin — Step down off your soapbox and mingle with the facts
New Jersey Law Journal
November 26, 2007
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Don’t Tell the Reader What to Think — If your facts are strong but not dispositive, you may wish to suggest, not declare, your conclusion
New Jersey Law Journal
November 12, 2007
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Screen Your Metaphors for Possible Backlash — Even apt comparisons can become ‘two-edged swords’
New Jersey Law Journal
October 29, 2007
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Place ‘Only’ As Close As Possible to the Limitation It Signals — Follow the grammatical form for clarity and for appearances
New Jersey Law Journal
October 1, 2007
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‘Less is More’ is Often Wise Advice — Ask yourself if you need to say everything you are thinking
New Jersey Law Journal
September 17, 2007
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Let the Needs of the Reader Guide Your Groupings — Be wary of easy organizational choices, such as chronology or the alphabet
New Jersey Law Journal
September 3, 2007
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Resist the Temptation to Demonize the Adversary — Don’t ascribe motives; let the facts reveal them
New Jersey Law Journal
August 20, 2007
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More Questions from Summer Associates — Good legal writing is a function of strategy, clarity and support, not style
New Jersey Law Journal
August 6, 2007
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Questions from Summer Associates — Strike the balance of time, effort, and expense in favor of good product
New Jersey Law Journal
July 23, 2007
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Your Audience Has Changed Since Law School — Now your job is to show why you win, not what you know
New Jersey Law Journal
May 14, 2007
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Don’t Cobble a List From Loosely Related Items — Take a moment to make sure your categories are consistent
New Jersey Law Journal
April 30, 2007
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Arrange Conjunctions to Maintain the Flow — ‘Because although’ is awkward because ‘although’ interrupts
New Jersey Law Journal
April 16, 2007
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Keep Your Transitional Hooks Subtle — Do not begin a sentence with the proper name that ended the previous sentence
New Jersey Law Journal
April 2, 2007
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Quotations Are a Spice, Not the Main Course — Prefer your own words to those of others
New Jersey Law Journal
March 19, 2007
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Never Relax Your Persuasive Posture — Even the conclusion can, where appropriate, make a point
New Jersey Law Journal
February 5, 2007
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Tailor Your Possessives to the Convenience of the Reader — Sometimes a prepositional phrase works better than an apostrophe
New Jersey Law Journal
January 22, 2007
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Maintain the Flow with Echoes from the Prior Sentence
New Jersey Law Journal
January 8, 2007
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To Establish Common Ground with the Court, Begin Points with Local Law — Strategize the order of citations as you would strategize the order of witnesses
New Jersey Law Journal
December 25, 2006
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Write the Preliminary Statement First If It Helps You Focus — Drafting an introduction can crystallize your theme
New Jersey Law Journal
December 11, 2006
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Parallel Structure Meets the Reader’s Expectations — Use balanced prose to maintain the flow
New Jersey Law Journal
November 27, 2006
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Focus on the Essential Flaw in Your Opponent’s Argument — Begin a response or a reply with a point, not merely a declaration of disagreement
New Jersey Law Journal
November 13, 2006
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Unpack Your Broad Statements to Find More Factual Support — Facts persuade; to develop more of them, expand the ones you have
New Jersey Law Journal
October 30, 2006
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In Memos and Letters, Deliver the Good News Up Front — Unless you would look foolish, be a pal first, not a pain
New Jersey Law Journal
October 16, 2006
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Trust Your Reader to Fill In Some Blanks — Implicit steps of a procedural history can usually be omitted
New Jersey Law Journal
October 2, 2006
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Follow Blue Book Style; It’s Not That Hard — Add another skill to your résumé as a writer
New Jersey Law Journal
September 18, 2006
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When Working by Analogy, Elaborate the Comparison — Spell out your analogies to make them unassailable
New Jersey Law Journal
September 4, 2006
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Where Else Would a Court Rule But ‘In Its Opinion’? In stating the obvious, you may be sidestepping the point
New Jersey Law Journal
August 21, 2006
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Be Cautious Using Nouns as Adjectives — A string of modifying nouns makes a heavy meal
New Jersey Law Journal
August 7, 2006
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Jealously Guard Your Credibility with the Court — An untrustworthy act is like ink in the wash — it discolors everything
New Jersey Law Journal
June 26, 2006
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Use Underlining for Emphasis, Not for Editorializing — Highlight quotations, not your own prose
New Jersey Law Journal
June 12, 2006
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Take Control of Your Quotations, Don’t Let Them Control You — Delete or substitute for words that are awkward or may confuse
New Jersey Law Journal
May 29, 2006
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Summarize Statutes and Rules before Quoting Them — Control your material and thus the reader’s perspective
New Jersey Law Journal
May 15, 2006
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Be Cautious Using ‘And’ as a Connector — Look for relationships beyond the additive
New Jersey Law Journal
May 1, 2006
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Carefully Craft Your Sets and Subsets — Make sure the items in a list are of the same kind and size
New Jersey Law Journal
April 17, 2006
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Unpack Your Generalizations for Greater Effect — Where possible, create images for the reader to visualize
New Jersey Law Journal
April 3, 2006
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Do Not Make a Thought Long Just Because It Is Good — Unnecessary elaboration can produce a net loss rather than a net gain
New Jersey Law Journal
March 20, 2006
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‘Rather’ Is an Unnecessary, Annoying Signal — In most instances, the change in direction is obvious
New Jersey Law Journal
March 6, 2006
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Misinterpreting Cases Is an Occupational Hazard — Beware of both wishful thinking and defeatism
New Jersey Law Journal
February 20, 2006
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Don’t Twist Your Prose into a Pretzel — Remedy awkwardly passive phrasing by changing the subject
New Jersey Law Journal
February 6, 2006
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‘Which’ Is Often Incorrectly Used in Place of ‘That’ — Get the words straight to please the purists
New Jersey Law Journal
January 23, 2006
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Good Editing Is Important, But Solid Preparation Is Key — Thorough research and analysis reduces work on the back end
New Jersey Law Journal
January 9, 2006
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Mind Your P’s and Q’s and the Apostrophes That Go With Them — The little mark is a detail worth attention
New Jersey Law Journal
December 26, 2005
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Look Behind the Quotation for the Rationale — Supply reasons even if your quoted source did not
New Jersey Law Journal
December 12, 2005
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Brief Writing Requires a Formal Style — A casual tone may suggest you don’t take your case seriously
New Jersey Law Journal
November 28, 2005
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Spell Out the Facts Embedded in Your Generalizations — To do the right thing, the court needs to know the facts
New Jersey Law Journal
November 14, 2005
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When Editing Time Is Limited, Perform a Triage — Begin by confirming your purpose and your dominant point
New Jersey Law Journal
October 31, 2005
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When Writing a Memo, Keep the Reader in Mind — Dispel preconceptions as quickly as possible
New Jersey Law Journal
October 17, 2005
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Curb Your Editorial Urges — Consider carefully how you describe a court’s actions
New Jersey Law Journal
October 3, 2005
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Seek Feedback on Your Work for a Fresh Perspective — When you give feedback, make sure it is received
New Jersey Law Journal
September 19, 2005
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Law Firm Writing Programs Are a Challenge — The results are uncertain, and the time is non-billable
New Jersey Law Journal
September 5, 2005
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Some Commas Should Neither Be Seen Nor Heard — Don’t place a comma between subject and verb
New Jersey Law Journal
August 22, 2005
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Choose an Approach That Will Appeal to the Court's Conscience — Show that the other side 'deserves' to lose
New Jersey Law Journal
August 8, 2005
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A Rose by Any Other Name Might Not Be as Popular — The lawyer’s job is to find the optimum spin
New Jersey Law Journal
July 25, 2005
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The Need for Clarity May Override the Risk of Exaggeration — Don’t be afraid to make an overstatement that you quickly qualify
New Jersey Law Journal
July 11, 2005
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Skip the Unnecessary Tack-On Explanation — Stating the obvious slows the pace
New Jesey Law Journal
June 27, 2005
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Precision Brings Your Idea to a ‘Point’ — Save the reader the trouble of sorting through multiple meanings
New Jersey Law Journal
June 13, 2005
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Be Wary of the ‘In Order to’ or ‘To’ Construction — It is a common source of non sequiturs
New Jersey Law Journal
May 30, 2005
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End Sentences with Your Most Important Thought — The last word delivers the greatest impact
New Jersey Law Journal
May 16, 2005
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Be Brief but Not Brusque in Your Shorthand References — Anticipate the reader’s likely reaction to your terms
New Jersey Law Journal
May 2, 2005
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Tighten Your Work by Omission and Compression — Eliminate thoughts you don’t need and streamline the ones you do
New Jersey Law Journal
April 18, 2005
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Typos Undermine Your Credibility and Your Case — To catch mistakes, let your product sit or find a second set of eyes
New Jersey Law Journal
April 4, 2005
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Sometimes the Illogical Is Very Logical — Off-point arguments can be persuasive if they address fundamental fairness
New Jersey Law Journal
March 21, 2005
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Tell a More Powerful Story in the Active Voice — Use active verbs to convey a sense of fault or failure
New Jersey Law Journal
March 7, 2005
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Misusing Sets and Subsets — Don’t try to make two facts seem like three
New Jersey Law Journal
February 21, 2005
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Favor Facts over Law for Initial Reader Contact — If you can, use metaphors to interest the reader and intensify the image
New Jersey Law Journal
February 7, 2005
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Develop Momentum by Tapping the Reader’s Emotions — Among other things, seek agreement with the reader early on
New Jersey Law Journal
January 24, 2005
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Maximize Impact by Making One Point at a Time — In writing as in art and music, less is sometimes more
New Jersey Law Journal
January 10, 2005
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Dashes Are Powerful Punctuation Marks — They add a third option to commas and parentheses
New Jersey Law Journal
December 27, 2004
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Though Detail Is Usually Helpful, It Can Be Overdone — Include what the reader needs to know and trim the rest
New Jersey Law Journal
December 13, 2004
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Evaluating an Applicant’s Writing Ability — A writing sample can provide a window into a job candidate’s skills
New Jersey Law Journal
November 29, 2004
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You Don’t Need Intensifiers to Mark the Absence of Evidence — Emphatics such as ‘whatsoever’ tend not to persuade
New Jersey Law Journal
November 15, 2004
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Don’t Be Afraid to Make Your Own Dicta — Sometimes you have to declare what the case law merely implies
New Jersey Law Journal
November 1, 2004
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If a Square Peg Won’t Fit, Try a Round One — The rationale for a rule may support you though the words do not
New Jersey Law Journal
October 18, 2004
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Skip the Generalities and Go Straight to the Specifics — Don’t make the reader wait as you home in on your point
New Jersey Law Journal
October 4, 2004
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Don’t Take Pot Shots at Court or Counsel — Gratuitous zingers are offensive and unpersuasive
New Jersey Law Journal
September 20, 2004
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Precision Begets Persuasion — The more precise you are in support of your point, the greater the chance you will persuade
New Jersey Law Journal
September 6, 2004
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Preliminary Statements Should Focus on the Facts — Be selective rather than comprehensive
New Jersey Law Journal
August 23, 2004
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Show Every Step of Your Reasoning on Key Points — Elaborating the obvious isn’t necessarily beating a dead horse
New Jersey Law Journal
August 9, 2004
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Use Quotation Marks to Focus the Reader’s Attention — The punctuation should go with the flow rather than interrupt it
New Jersey Law Journal
July 26, 2004
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Take Control of Statutes by Summarizing Them — You may need to offload much of what the legislators lump in
New Jersey Law Journal
July 12, 2004
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Free Yourself from the ‘It’ Syndrome — A missing antecedent may give the reader pause
New Jersey Law Journal
June 28, 2004
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Be Upbeat but Not Pollyannish — In memos that deliver bad news, you should spin, not pander
New Jersey Law Journal
June 14, 2004
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Check Your Lists for Logical Structure — Lists may not emerge from your brain fully formed
New Jersey Law Journal
May 31, 2004
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You Need to Sweat the Small Stuff — Minor usage mistakes can be major blemishes
New Jersey Law Journal
May 17, 2004
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Eliminate ‘There Is’ and ‘There Are’ — Directive phrases, useful in speech, are rarely needed in legal writing
New Jersey Law Journal
May 3, 2004
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Reasons Persuade: Conclusions Do Not — Give reasons to back up your positional statements
New Jersey Law Journal
April 19, 2004
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Look Within for the Premise of Your Argument — You can determine what the court is likely to deem fair
New Jersey Law Journal
April 4, 2004
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Discretionary Punctuation Should Achieve Clarity and Flow
New Jersey Law Journal
March 22, 2004
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Trim the Facts to Bring Out the Essence of Your Case — You may not need marginal facts to make your point
New Jersey Law Journal
March 8, 2004
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Know When It Is Time to Rewrite Rather than Edit — Sometimes you have to clean house
New Jersey Law Journal
February 23, 2004
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Use Brackets to Alter a Quotation — You can substitute words to improve clarity
New Jersey Law Journal
February 9, 2004
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You Have to Walk a Mile in the Reader’s Shoes — To judge your own work, imagine you are the reader
New Jersey Law Journal
January 26, 2004
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Lead with Good Facts if the Law Is Unsettled – You aren’t required to begin an argument with a rule
New Jersey Law Journal
January 12, 2004
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Even Procedural Histories Can Be Persuasive — Take any opportunity to highlight good facts
New Jersey Law Journal
December 29, 2003
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Writing Is a Self-Analytical Process — Quiz yourself relentlessly and without mercy as you compose
New Jersey Law Journal
December 15, 2003
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Thorough Editing Proceeds in Stages — Your initial changes may reveal more opportunities for improvement
New Jersey Law Journal
December 1, 2003
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'However' Is Usually an Unnecessary Signal — Negation or limitation may be obvious without it
New Jersey Law Journal
November 17, 2003
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You May Need to Reorganize Your Thoughts after Recording Them — Be wary of digressions, which divert the reader
New Jersey Law Journal
November 3, 2003
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In Case Write-Ups, Get Quickly to the Holding — Then decide how much of the court’s reasoning to present
New Jersey Law Journal
October 20, 2003
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Characterize Your Time Intervals to Take Control of the Facts
New Jersey Law Journal
October 6, 2003
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Your Writing Is a Barometer of Your Thinking — Drafts reveal when you haven’t grappled with or mastered an issue
New Jersey Law Journal
September 22, 2003
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In a Memo, the Short Answer Should Get Immediately to the Point — Busy lawyers appreciate brevity and directness
New Jersey Law Journal
September 8, 2003
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Use ‘Accordingly,’ ‘Thus’ and ‘Therefore’ Sparingly — The context usually supplies the connection
New Jersey Law Journal
August 25, 2003
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Grammatical Patterns Dictate the Reader’s Response — Arrange your sentences to account for embedded reactions
New Jersey Law Journal
August 11, 2003
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Weak Arguments Are Pellets for the Shotgun Approach — Fight the temptation to include them ‘just in case’
New Jersey Law Journal
July 28, 2003
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Which Comes First: the Chicken or the Egg? — Sometimes you lead with your point, and sometimes you lead up to it
New Jersey Law Journal
July 14, 2003
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Don’t Be Afraid to Characterize the Facts — The perspective you supply will assist and persuade the reader
New Jersey Law Journal
June 30, 2003
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If You Have More than One Dispositive Point, Let the Reader Know Up Front — An overview provides power and aids comprehension
New Jersey Law Journal
June 16, 2003
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Footnotes Are Where the Horse Is Buried — Think twice about using substantive footnotes in briefs
New Jersey Law Journal
June 2, 2003
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Should I Change Horses in Mid-Stream? Deciding Whether to Hire Appellate Counsel
The Metropolitan Corporate Counsel
June 1, 2003
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'Indeed,' 'Simply' and 'Certain' Are Unnecessary Additives
New Jersey Law Journal
May 19, 2003
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Put Your Openings to Good Use – Use them to persuade, not to mark time
New Jersey Law Journal
May 5, 2003
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To Get to the Point, Get to the Verb — Avoid the 'start-stop' syndrome
New Jersey Law Journal
April 21, 2003
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Create a Parallel Universe for Rhythm and Reinforcement — A balanced structure can also improve clarity
New Jersey Law Journal
April 7, 2003
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Begin Paragraphs with Ideas Rather than Case Names — 'In Smith v. Jones' is a tempting but weak transition
New Jersey Law Journal
March 24, 2003
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The Writing Process Begins with Getting the Assignment Straight — Smart writers stop and ask for directions
New Jersey Law Journal
March 10, 2003
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When Tracking Statutes and Rules, Use Only What You Need — Verbatim recitation is comforting but often unnecessary
New Jersey Law Journal
February 24, 2003
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Grouping and Subordination Help Guide and Persuade the Reader — Use bags and baskets to present your facts and arguments
New Jersey Law Journal
February 10, 2003
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Commas Enhance Clarity and Regulate the Flow of Your Writing — If used improperly, they can confuse and irritate the reader
New Jersey Law Journal
January 27, 2003
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Use Smaller Categories to Convey Precise Information — Offering unnecessary alternatives creates ambiguity
New Jersey Law Journal
January 13, 2003
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Give a Quotation a Good Introduction — A short summary guides the reader and enlists the power of repetition
New Jersey Law Journal
December 30, 2002
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Transition by Repetition: Take One Step Back to Go Two Steps Forward — Transitions are transparent to the reader but good for the flow
New Jersey Law Journal
December 16, 2002
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Is the Glass Half Empty or Half Full? — Permissive and restrictive words give different slants to the same rule
New Jersey Law Journal
December 2, 2002
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Don't Take Refuge in 'Common Sense' — Like the phrase 'it is important to note,' it may indicate fuzzy thinking
New Jersey Law Journal
November 18, 2002
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Point Headings Should Persuade — Crisply stated gists help the court follow the argument's direction
New Jersey Law Journal
November 4, 2002
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Don't Give Your Adversaries Free Airtime
New Jersey Law Journal
October 21, 2002
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Exaggerations, Disparagements and Other Intensifiers
New Jersey Law Journal
October 7, 2002