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So You Think You Can Write?

By Noah C. Hagan posted 01-11-2016 08:48

  

The second edition of The Solicitor General’s Style Guide was released on October 3, 2015, and, for a time, became Amazon’s #1 new release in legal writing. In the legal writing blog world, there was much rejoicing. Or, at the very least, much fodder for discussion. If you’re like me, you love to think about what makes good writing (legal and otherwise). Join me in pondering a few of the (perhaps controversial!) points in the second edition: 

  • “Caselaw” versus “case law.” Contrary to what Bryan Garner says on the issue (and contrary to ICLE’s own style guide), both editions of The Solicitor General’s Style Guide instruct us to use “case law.” This may very well be the most controversial thing in the Style Guide, as evidenced by this Twitter “fight.”

  • Habeas Corpus. The new edition eliminates italics not only for the great writ, but also for certiorari, mandamus, pro se, ad hoc, en banc, per curiam, and mens rea. These phrases have become so common that italics are no longer needed.

  • “Cite to” versus “cite.” The Guide tells us that one “cites authorities,” not “cites to authorities.” Related, “cite” is no longer to be used as a noun; use “citation” instead.

  • Century versus Courier fonts. The Guide no longer uses Courier for the examples of its rules. Instead, like the Supreme Court, it uses a Century font. I, for one, applaud the eradication of Courier.

  • Hereinafter. Even though The Bluebook uses “hereinafter” to introduce a special short citation, the Style Guide tells us not to. Simply introduce a short form in parentheses without quotation marks immediately following the source.

In case you may have missed the first edition of the Style Guide, this post outlines some of that edition’s most important gems, including:

  • Use “attorney’s fees,” not “attorneys’ fees.”
  • Spell out zero through ten, and use digits for 11 and higher.
  • Use “pleaded” not “pled.”

(By the way, despite Bryan Garner’s view on the “case law” debate, I do recommend his LawProse blog.)


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