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.”

Second, several months ago, I posted an IRAC essay template.

I have started to get requests from people looking to find it in my profile feed, so I thought I would link it here to save you time (see comments).

✏️ Please let me know if there are any other posts that you’d like me to recirculate, or any other questions you have.

Dear 1L,

This year doesn’t seem to let up. You’ve had to jump from one, high-stress critical task to another, high-stress, critical task, and then on to yet another.

Your hard work has not gone unnoticed. I think about you all the time. I know other people on here think about you regularly, too.

We know this year takes a huge toll. We know you need more sleep. You need time to relax with friends, with family.

Dear 1L,

Here is Part 2 of 3:  Tips to help you prepare for oral argument.*

*    *    *

TIP 4: KNOW YOUR JUDGES WELL

Picking up where Part 1 left off . . . 

🔹 Find out in advance how the individual judges have ruled on issues relevant to your case, and prepare how you might use that on argument day.

Dear 1L,

Here are tips to help you prepare for oral argument—Part 1 of 3. Use these now, and save them for your future, lawyer-self. 

The tips are a synthesis of: 

▫️ several dozen comments on my original post;

▫️ an excellent article by Heidi Brown; 

As I was more of a paper advocate than an oral one, I thought I would ask my network for help. Many of you are far more qualified than me to offer such tips!

If you could give a 1L one piece of advice for an upcoming oral argument, what would it be?

I will compile the responses and create a comprehensive tip sheet to circulate.

Dear 1L,

When self-editing, put yourself in your Reader’s shoes. 

Your Reader may be your professor, boss, partner, law clerk, or judge. But all share common characteristics:

🔹 They are susceptible to boredom and distraction (like us all). 

Dear 1L,

For most, it is 1L that causes the most stress. For me, it was 3L.

On the outside, I seemed to have it all together: a job lined up for fall, and a Note ready to publish. What could I be stressed about?

As it turns out, a lot. 

One morning that spring, I awoke to the worst pain of my life.

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.

📍 INCORRECT —> ☀️ CORRECT

📍 the reason is because —> ☀️ the reason is that

📍 cite to a case —> ☀️ cite a case

📍 regarded as being —> ☀️ regarded as

📍 no doubt but that —> ☀️ no doubt that

Get in the habit of taking care of yourself. Factor in that your brain needs to sleep. I know from experience that you can’t think straight --or write well--if you are a zombie. I have tried before and failed. You will just waste time and spin wheels, unable to see the forest through the trees.

Strive for working smart. You will be so much more efficient. 

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.  

Dear 1L,

In September, I started posting original content on a regular basis. I still have loads to learn, but here are three basics I wish I’d known when I started.

✏️ TIP 1: HOW TO RECOMMEND A POST

If you read a post you really like and want others to see, too, don’t just “share.” Instead, or in addition to, drop a comment to the post.

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.” 

Dear 1L,

When describing what happened in the cases you cite, make sure to include how the case came out procedurally. Do this for every case if you discuss its facts—whether you’re relying on it for support, or seeking to distinguish it.

SUMMARY JUDGMENT BRIEFS:  If you are writing on summary judgment (SJ), include your answer to this question: