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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

“Affect” vs. “Effect”

Dear 1L,

Are you one of the billions who (according to Google) has searched “affect vs. effect”?

For most of my life, I avoided “affect” as a verb. I would use “impact,” or just change my sentence around to avoid the word somehow. 

But the verb “to impact” doesn’t really mean “to affect.”

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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

Dear 1L: Grammar & Usage Tips

Dear 1L,

Before I was doing what I do now, part of my law firm role was Editor for L&E and Appellate thought-leadership communications. 

Over the years, I saw the full gamut of grammar and usage mistakes.  Here are five of the most prevalent that require no further explanation

Avoid these mistakes to minimize your grader’s use of red pencil.

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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

Dear 1L: Tips for Introductions

Dear 1L,

Here are some tips for the Introduction to your brief.

✏️ To BEGIN

Remember that your Reader is busy—think tiny attention span. Grab their attention and get to the point.

Your Reader seeks information. That can’t happen if they’re confused. Above all else, strive for clarity. Best are short, crisp sentences in an active voice.  

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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

Dear 1L: Just say because

Dear 1L,

In reviewing recent writing samples, I am reminded of just how many wordy ways there are to say “because.” Don’t go these ways. Just say “because”:

  • In light of the fact that

  • Due to the fact that

  • As a result of

  • For the reason that

  • On account of the fact that

  • On the grounds that


Cut these clauses. Just say “because.” 

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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

Dear 1L: on “However, …”

Dear 1L,

When I look at drafts of your writing, one of the first things I do is reword almost all sentences that start with “However, …” 

“But starting sentences that way is grammatically correct,” you might protest.

And you’d be right. Nevertheless, I suggest you limit your use of this sentence-starter. Here’s why.

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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

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.

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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

Dear 1L - Avoid Passive Voice Unless You’ve A Good Reason To Use

Dear 1L,

When I was editor for law firm blogs and client alerts, I reviewed many dozens of associate lawyers’ drafts. The most pervasive problem? Passive voice.

It pervades law students’ writing, too. Here is how to fix it and why you should.

A. THE FIX - Reorder Words

When self-editing, examine each sentence individually. Identify the Subject, Verb, and Object.

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2022, Dear 1L, Legal Writing Amanda Haverstick 2022, Dear 1L, Legal Writing Amanda Haverstick

Dear 1L: Legal Writing

Dear 1L,

Here is a tip for writing advocacy briefs this semester.

✏️ Write to a 4L.

The person you ultimately need to persuade is the judge. But the judge may never read your brief. The gatekeeper is the law clerk. That clerk will make a recommendation to the judge about which side should prevail.

That law clerk just graduated from law school—likely is a 4L—not much different than you. That is your Reader.

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2021, Legal Writing Amanda Haverstick 2021, Legal Writing Amanda Haverstick

Dear 1L: Waiting for Grades

It is a bit of an uncertain, anxious time, now. Waiting for grades.

Also, we are in limbo this week. It is still a holiday week, but Christmas is over, there is no schedule to any day, and January starts this weekend. So we are “supposed” to be relaxing, but the specter of everything that we have to do looms.

How does one self-evaluate, or know how one should be feeling at all?

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2021, Dear 1L, Legal Writing Amanda Haverstick 2021, Dear 1L, Legal Writing Amanda Haverstick

1L Tip Today: What is IRAC?

1L TIP TODAY – Finals

Just the thought of finals so soon sparks panic. How can this be? 1L -literally- just started. And what is this “IRAC” thing we’re supposed to do? I mean, I know (now) what it stands for, but how do I do it?

*Maybe this story will help. (Title is, ‘I will never tell.’)

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2021, Legal Writing Amanda Haverstick 2021, Legal Writing Amanda Haverstick

1L Tip Today: 3 Tips for Objective Memos

1L TIP TODAY

Three Tips for Objective Memos

It was November 1993. I learned that a doctor had autopsied the wrong body. It was a nine year-old girl. The parents had given no consent. The mother was devastated.

Was there a viable claim for intentional infliction of emotional distress?

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2021, Legal Writing Amanda Haverstick 2021, Legal Writing Amanda Haverstick

1L Tip Today: Memo Writing

1L Tip Today

Do you ever feel like you understand an analysis in your head, but you can’t get it down in writing?

Try this:

🔹Speak the explanation aloud. Record yourself. Then transcribe it—verbatim—not making any edits. Don’t let yourself think, just transcribe.

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2021, Dear 1L, Legal Writing Amanda Haverstick 2021, Dear 1L, Legal Writing Amanda Haverstick

1L Tip Today: Memo Research

1L TIP TODAY

I was so worried that I had missed an important case in my research. How does anyone ever even “know” when they have done “exhaustive” research on a topic?

It will take time for you to feel confident that you “know,” but if you do all of the below (warning: it takes a minute), you should feel as confident as one can be.

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2021, Legal Writing Amanda Haverstick 2021, Legal Writing Amanda Haverstick

1L Tip Today: Outlining

1L TIP TODAY: Outlining

“Outlining” just means:
(A) rewriting (or retyping) your daily class notes so you can read and understand them;
(B) writing down all your reading notes and highlights (that you took before class); and
(C) “marrying” your class and reading notes.

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