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Writing is more stylistic than people want to admit - and what a senior attorney considers “good” or “bad” is often more subjective than objective. Best thing you can do is listen to the critiques and adopt the pieces that fit you until you develop your own style.
Sometimes I think it's about using the right tools and not just relying on your own skills and strength. I'm not the best writer, so I get a lot of help when it really matters. I use tools, use AI, use whatever I need to do to do a good job.
An MSJ is always going to be hard to win. A great MSJ brief isn’t going to win if the evidentiary record doesn’t support it (unless the other side is incompetent).
Here’s the best writing tip I can give any lawyer (young or old): the judge will know about 25% as much about the case as you do (maybe less) and will probably only care 10% as much. Starting from those presumptions will completely change how you approach your audience.
Judges like to clear their dockets. They also don’t like being reversed. Give them a path to satisfy both imperatives.
It took years before I had full confidence in my lawyering skills. Writing isn’t easy. You will learn from your mistakes. Try not to beat yourself up about this. Let your writing sit for a day before rereading. Have you used simple active voice sentences? Will someone be able to understand your point without having to think? Short sentences. Delete unnecessary words and phrases. Avoid legalese. Clear syntax. These are some ways to improve your writing.
I started feeling competent at about 10 years and finally had a pretty good idea of what I was doing at 15.
When I get assigned more cases than I count
lol at the amount of Lawyers who think they’re good writers. Maybe Posner’s a good writer. Biglaw partners, it’s doubtful.
When I went in-house from firms and finally realized not everything is a big deal
In the first couple of years, I felt like I had enough talent. I don’t think I started feeling like I was actually good until closer to five years out. That’s when I felt like I could really start answering questions about my subject area on the fly. Also, right around that time I had a string of motion victories and a ton of depositions back to back. Really boosted my confidence.
That said, I think there will always be doubt. I think even the greatest of us have that little monster on the shoulder telling us we’re not the real thing, not as good as the people who trained us, have holes in our game, etc. All we can do is keep working and getting better, kicking butt for our clients, and showing that little SOB he’s wrong.
10 years in. Still not a good lawyer. Make good money though. The key is making people think you’re a good lawyer.
I’m 15 years out and realized 5 or so years ago that writing isn’t the best use of my time. We have others at the firm who are far better than I am at drafting briefs and arguments. Focus on your strengths.
The majority of my practice is in state court and the judges don’t read anything or read it right before the hearing. I recall as a young lawyer spending hours going over drafts, making partner edits, etc. that had very little, if any, impact on the court’s ruling (this is likely different in federal court).
Writing is very important and I’m not trying to downplay that, but I believe being able to see the big picture, strategizing, keeping clients informed, giving good advice etc. is a far better value to clients than spending countless hours revising a brief.
Bryan Garner
Bowl Leader
It’s a mixed bag but I’m a 7th year and finally feel confident in practicing largely independently. My legal judgment and ability to analyze issues is very solid now, even if it’s a new issue. But I’m still learning new things all of the time and have a lot of room to grow. I try to only bother the GC if I have next steps laid out, or if I’m really stuck.
For instance:
I am negotiating a contract right now and noticed novel language that we’d never seen before that presented a significant legal risk (government contract; basically take it or leave it with serious upside if we take it). I prepared a written analysis for the GC and it was solid. The GC and other attorney my level praised me for it, and this morning the VP it went to praised it too and thanked my boss for how well it was laid out. She gave me credit.
But yesterday I received comments from a vendor on a privacy related document for a cross border transaction and it flagged certain issues myself (and outside counsel) hadn’t considered. It’s my first time leading this type of transaction so I have a lot to learn, but I handled it with confidence and am going to address it on my own. Will have to loop the GC in later next week though for backup.
It’s called practicing law for a reason.
I don’t think having one person one time not like your MSJ has much at all to do with how good of a lawyer you are.
Sometimes the partner is just having a day and it has nothing to do with you.
One common thing is a partner won a flyer of an MSJ one time and they want every MSJ to be just like that one forever.
Was the tearing by a partner who you don't work with a lot? Probably stylistic differences.