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Beyond IRAC and CREAC: Alternative Models of Legal Reasoning
Difficult legal questions usually involve disputed rules and disputed or ambiguous facts. Treating these as static and objectively given usually misses…
Mar 9
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Ryan McCarl
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Beyond IRAC and CREAC: Alternative Models of Legal Reasoning
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Don’t disparage opponents in your litigation filings.
Litigation should focus on the parties and their claims, not the attorneys and their personalities.
Mar 7
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Ryan McCarl
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Don’t disparage opponents in your litigation filings.
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Provide factual context for contested citations.
When citing precedents, you often need to provide some factual context to assure the reader that they apply.
Mar 6
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Ryan McCarl
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Provide factual context for contested citations.
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February 2024
How to write great reply briefs
Reply briefs are essential in motion and appellate practice. Here are some strategies to help you make the most of your last opportunity to persuade the…
Feb 28
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Ryan McCarl
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How to write great reply briefs
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Early reviews of Elegant Legal Writing
Elegant Legal Writing has only been published for three weeks, but it has received rave reviews from people throughout the legal profession.
Feb 27
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Ryan McCarl
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Early reviews of Elegant Legal Writing
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Lifelong learning, legal writing, and the privilege of practicing law: an interview with Ryan McCarl
Ryan McCarl appeared on the Lawyers in the Making podcast to discuss legal writing, what he learned from founding a tech startup, and more in a…
Feb 25
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Maria Cafferata
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Lifelong learning, legal writing, and the privilege of practicing law: an interview with Ryan McCarl
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Write with your audience in mind.
Lawyers often focus more on what they want to say than on what a judge needs to hear. This post discusses some audience-related mistakes that abound in…
Feb 20
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Ryan McCarl
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Write with your audience in mind.
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Writing lessons from Rushing McCarl LLP’s Stanley Tumbler class action complaint
See Ryan McCarl’s writing tips in action by reading Rushing McCarl LLP’s putative class action complaint against the creators of Stanley Tumblers.
Feb 6
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Ryan McCarl
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Maria Cafferata
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Writing lessons from Rushing McCarl LLP’s Stanley Tumbler class action complaint
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On publishing Elegant Legal Writing
Publishing Elegant Legal Writing didn’t feel real until the advances arrived from the University of California Press. Here’s why I am proud of the book…
Feb 4
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Ryan McCarl
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On publishing Elegant Legal Writing
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Keep procedural history sections short but persuasive.
Discuss your case’s procedural history section in a separate section of your legal brief, and keep the discussion short while using it to persuade.
Feb 3
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Ryan McCarl
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Keep procedural history sections short but persuasive.
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January 2024
Use umbrella text to keep judges oriented in legal briefs.
Using umbrella text after section headings helps readers see how different parts of your argument relate to each other.
Jan 24
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Ryan McCarl
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Use umbrella text to keep judges oriented in legal briefs.
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Always write substantive conclusions in legal briefs.
Don't waste opportunities to persuade a judge by concluding litigation briefs with a contentless ritual phrase.
Jan 23
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Ryan McCarl
5
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Always write substantive conclusions in legal briefs.
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