Thursday, February 3, 2011

Blurring the legal standard

A recent case illustrates the importance of careful analysis and wording in legal writing.  In Perry v. AT & T Operations, Inc., a lawyer’s motion was stricken partly because it blurred the applicable legal standard.  The motion for summary judgment inappropriately argued questions of fact, stating that certain points had been "proven." The court explained that while such arguments may belong in a trial brief, they are not appropriate on summary judgment.   The lawyer’s errors in punctuation and grammar only worsened the court’s impression of her papers.

(jdf)

http://lawprofessors.typepad.com/legalwriting/2011/02/blurring-the-legal-standard.html

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