Academic

Bad legal writing

By Eric Fink

Rob Heverley's post, about Larry Cunningham's criticism of starting sentences with "so", reminded me of the very worst brief I ever read while I was in legal practice.

The case involved the discharge of an employee for alleged misconduct. I was representing the employee's union in a labor arbitration. The brief was submitted by the employer's attorney. Responding to the employee's testimony explaining her actions (the details of which I don't even remember, and don't much matter), this legal Hemingway wrote, simply, "So?" That was it. No argument that the testimony was not credible, or that it would not support the union's position that the employer lacked good cause for the termination. Just, "So?"

The same brief contained several other choice phrases, of which the most memorable were: "Enough said", "Well, oh well", and "The proof is in the pudding." I recall being disappointed that the author hadn't thought to introduce the brief with, "It was a dark and stormy night."

It was, in its way, a masterpiece. I only wish I'd saved a copy when I left that job.

Full post as published by The Faculty Lounge on September 11, 2009 (boomark / email).