Dear 1L: Don’t use “find”

Dear 1L,

Be careful with the word “find.”  In fact, don’t use it at all.

Unless sitting as the fact-finder in a non-jury bench trial, judges do not “find.”  They hold, rule, decide, conclude, reason, explain, and determine, among other synonyms.  But “find” is not one of them.

Appellate courts do not find anything, ever.

I know, I know, so many lawyers—even some judges—use “find” generically to describe the actions courts take.  That does not make it right.

All of the court cases you are dealing with for your advocacy brief involve decisions on legal principles, not findings of fact.

Use a different verb than “find” when discussing what the courts decided in your cases.

Please ask me questions if you disagree, or don’t understand!

Fondly,

Amanda

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