I'm not an appellate attorney and I think the last time I wrote an appellate brief was back in law school.

As a trial attorney, most advocacy is oral and I rarely find an opportunity to do formal legal writing.

What do you do to maintain your legal writing skills?

I recommend reading. The best legal writers I know are real big fans of reading.

Also draft up some written responses to some of the motions you are faced with to get some practice.

Write an article for The Prosecutor based upon a recurring problem you are encountering. If you see it enough, chances are someone else will.

But trust me about the reading.

Volunteer to tutor a high school student in writing. Nothing like teaching to keep you sharp.

Second the suggestion of writing for the Texas Prosecutor! You could also try your local bar association or similar group to see if they have a newsletter you might write an article for.

But as Newell says, there's really no substitute for reading. I don't know any really good writers who don't read a lot.

Write some of your own appellate briefs on cases you try, even if you have to do it on your own time. It'll make you a much better trial lawyer, you'll learn nuances in the law that you usually get from appellate gurus like Newell and Andrea, and you might get a published opinion out of it.

I never had any problem with the appellate division at my old office letting me write my own briefs. They had lots of work to do besides.

And write for the Texas Prosecutor as well, although the editor there is quite the taskmaster.

WRITE--outside work, keep a diary or write letters (not emails) to family members. How about some short stories or technical articles related to your hobbies? Inside work, if your appellate work is limited, prepare written responses to trial motions and work-up trial briefs.
READ--a mix of genres: including classics, biographies,fiction,legal,technical, and even try topics you would not normally just grab. Be diverse.
RECORD--quotes from books, mark favorite passages, articles, newspapers. The best writers do this! If you think of a great line, record it too.
TEACH--great for streamlining thoughts and writing is unavoidable.

[This message was edited by John A. Stride on 01-31-11 at .]

I totally agree that the best way to improve one's writing is to write. And The Prosecutor is a fab forum for it, certainly. (I know I'm biased, as the editor, but that doesn't make it any less true!)

Reading is a very close second. Every really good writer I know is also a voracious reader. Whilst reading, I am always swiping ideas from other authors -- I figure that if *I* got something out of an article or book, that writer is doing something right, and I incorporate that skill into my own stuff.

Btw, I lurve that you are wanting to sharpen your writing skillz! Seriously, if you have an idea for an article, drop me a line (wolf [ a t ] tdcaa [ d o t ] com), and we can discuss.

Now please pardon me: I must get back to cracking the whip ...

Brian Garner has legal writing seminars around the country. He is based in Dallas. Mostly one day seminars. You will never look at writing the same way again. I hate to advertise for him but his work is worth the money.

Brian Garner's classes are excellent and definitely worth the money. Just ignore everything he says about footnotes.

I second what Andrea said: Ignore Garner's theory about footnotes.

Otherwise, visit Law Prose. Garner has a CLE scheduled in Dallas in March. It's very much worth the money.

I'd also recommend Garner's Modern American Usage. It's an invaluable resource for writers. (I keep a copy next to my computer monitor along with the Oxford Companions to U.S. History & the Supreme Court.)

But, finally, Newell's suggestion of becoming a voracious reader is spot-on. Just make sure you read a variety of subjects, and make sure the authors are themselves are good writers. For example, Knight Kiplinger's monthly columns on ethics in Kiplinger's can teach you much on economy of language, and Dickens can teach you much on writing vividly.

Stay away from Ulysses.

Are you refering to Homer's version?

I find translating Homer from the ancient Greek to be a rewarding excerise.

(Actually, I have a personal preference for the Dorian dialect, such as that used in the Gortyn Code, but that's just me.)

I believe he was referring to the James Joyce version. I decry the Latinization that makes anyone refer to Odysseus as Ulysses. Maintain Greek purity! (Besides, Odysseus was beloved as being wily and, well, sneaky. Ulysses was decried for the same behavior. Those darned strait-laced Romans.)

Homer wrote Ulysses?

quote:

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Homer wrote Ulysses?

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Shouldn't there be a d'oh in there?

D'oh!

Michael O'Donoghue's classic "How To Write Good," has been a boon to authors for many years. As anyone who has bothered to read my posts can quickly tell, I borrow heavily from the insightful tidbits provided by this article.


http://workableweb.com/_pages/tips_how_to_write_good.htm

I would write more . . .

". . . but suddenly, I was run over by a big truck."

[This message was edited by Terry Breen on 02-01-11 at .]

Thanks for the suggestions!

BTW your leader Mr. Brumley is an excellent writer--his words really flow. You might want to read some of his products. Having spent nearly two decades in the appellate field, I can say without a doubt that most of the limited skill I have acquired resulted from reading the work of my colleagues.