Brevity
Thursday, September 25th, 2008Yesterday, I thought I had reached agreement with opposing counsel in a divorce case. Today, opposing counsel has taken my simple three line agreement and turned it into a complex, ambiguous, three-page legal instrument that misstates the deal and satisfies no one. As a result we are headed back to court.
A former boss once told me if I wanted to write well as a lawyer, I should read Shakespeare.
Maryland Rule 2-303(b) says each averment of a pleading shall be “simple, concise and direct”.
Washington state has a similar Rule 8(a) which requires a “short and plain statement” of allegations. After reading a 465 page complaint, Judge Ronald Leighton, U.S. District Court, wrote this opinion:
“Plaintiff has a great deal to say,
But it seems he skipped Rule 8(a).
His Complaint is too long,
Which renders it wrong,
Please re-write and re-file today.”
This reminds me of two limericks that are good examples of making your point concisely:
“There was a young man from Peru,
Who ended his limericks at line two.”
“There was a young man from Verdun.”
