Welcome to my LinkedIn archive.
Categories: Dear 1L, Dear 2L, Legal Writing
By Year: 2026, 2025, 2024, 2023, 2022, 2021
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Search by word to find what I’ve written on the topic of your choosing!
Dear 1L, A legal brief should be evergreen.
“Evergreen” is a term you might recognize from the plant world:
—it refers to trees that remain green through winter.
But “evergreen” writing means writing that surpasses its immediate purpose and audience, keeping its usefulness over time.
Steal my study hack that passed me 3 bar exams—
🔸 My first was 1996 (NY). Debilitating back spasms made it too painful for me to sit for the in‑person bar-prep courses (which were the only game in town then).
So I studied alone at my parents’ house.
Even my firm mattress felt too mushy, so I studied, ate, and slept on a comforter on the floor.
Law students—especially 1Ls with oral argument coming up:
👉 This is a fantastic article
(and a quick read)—-it will help you!!
Note the emphasis on LISTENING during the oral argument.
For those with my “Dear 1L” book, don’t forget to review “Interlude No. 6” at p. 259 for my oral-argument advice.
I was diagnosed with seasonal affective disorder in law school, and January was always so especially bleak. And so, dear 1L, I thought of you as I woke today,
A still-dark scene on my window bay.
Forever it took for the sun to rise,
And away it will go, long before 5.
So while, on grades, you’ve a one-track eye,
Please do this ONE thing for me today,
and here is the why:
Dear 1L, Expel “regard” from your legal writing.
And while you’re at it, cut “regard” from your vocabulary altogether:
👎 “Regarding”
👎👎 “In regard to”
👎👎👎 “As regards”
All of these sound like nails on a chalkboard in legal writing.
They bloat your sentences and make them sound clunky and awkward
Dear 1L, Justice Elena Kagan apparently didn’t rush to “write home about” her 1L fall grades, either.
She only received two, according to reports, and they came as a shock:
a B in Crim;
a B- in Torts.
True, Justice Kagan was at Harvard Law School—where simply passing might be cause to celebrate—but her story should inspire you wherever you attend.
Dear Legal Writer: Stop writing “the court found”!
“Find” and “hold” mean very different things.
▪️ “Find” refers to determining facts—what actually happened. This is the job of a fact-finder (a jury, or sometimes a judge in a bench trial or preliminary hearing).
▪️ “Hold” refers to a legal conclusion—a court’s determination of what the law means or what the law requires, given the facts.
Dear 1L, “To be sure” is a genteel expression that lawyers use a lot. Perhaps you’ve noticed.
Well, here’s why we use it and how you can do so effectively in your spring brief:
🔷 “To be sure” signals, “I will now acknowledge the point that most hurts me, in hopes of defusing it on my own terms.”
Dear 1L, Hi. I hope you are OK. Everyone seems to be in some state of reeling right now, with fall grades coming in.
Please, if you didn’t get what you’d hoped for, please know there’s nothing wrong with you, and you are not some sort of screwup.
—> What happened is you got screwed by a brutal curve.
Dear 1L, They say, “Those who get A’s end up teaching. Those who get B’s end up practicing, but they are taking orders from the C’s (who are out on the golf course).”
I’ve heard the expression articulated in a number of different ways over the years, and they all piss me off.
So here’s what I want you to remember instead:
In 2020, I was a washed-out, unemployed lawyer with zero presence (anywhere).
I hadn’t worked a “real job” in 5 years;
I’d let my lawyering skills lapse;
I’d let my people skills lapse;
I’d let my self-worth lapse;
I’d become a nobody.
But the worst part was having no community.
As a law student, I loathed “networking.”
—To me, it meant awkward alumni dinners, bar ass’n meetings, and cocktail mixers with lawyers 20–40 years older than me.
—I spent events like those wearing a plastic smile, laughing at jokes I didn’t understand, and feeling like a complete idiot.
One thing I do is review legal resumes. I see them from a full spectrum of peeps—
-law school applicants,
-law school students,
-full-fledged lawyers of all levels.
I’ve identified the top 10 most common errors.
So I made a checklist for you.
I hope it helps!
My brother Nick has published a book!
It’s called “Fagan of Hoboken & the Horseshoe,” and it tells the wild—and true—story of our great‑grandfather, Lawrence Fagan (1851-1921).
🔹 Born in Dublin, Fagan came as a child to a Lower Manhattan tenement where he attended NYC public schools, and by the late 1800s, he’d settled in Hoboken, NJ, where he worked as a blacksmith’s apprentice on the Hudson waterfront, gradually working his way to become a successful iron manufacturer and an active Democrat.
Most first-year law students do exam essays the wrong way.
They:
—read the question;
—try to figure out the answer;
—then write an essay to justify that answer.
That’s the worst thing you can do.
Instead, you should:
—read the question,
—write one side’s best arguments;