The Night Docket

Red line

The craft of legal writing, one edit at a time. The words that weaken a pleading, a demand, or a closing, and what to write instead.

18 entries, newest first
Entry 128Redline

The Mechanism Paragraph

Three sentences between the crash and the injury: the force, the body, the result. Most pleadings and demands skip them. The ones that get paid are built on them.

Entry 122Redline

The Block Quote

The long indented quote is where persuasion goes to die, because every reader skips it. Find the one line that carries the case, sew it into your own sentence, and cite the rest.

Entry 121Redline

The Adverb

He was driving recklessly is a conclusion in the costume of a description. Cut the adverb, show the fact, and let the jury supply the word on its own.

Entry 117Redline

Each and Every

The lawyer's doublets, null and void, cease and desist, full and complete, as a tic of fear. Keep the word that carries meaning; cut the word that carries fear.

Entry 116Redline

The Vehicle Left Its Lane

A forty-ton truck crossed a double yellow and the sentence has no villain in it. The passive voice as the defense's favorite tool, and the discipline of putting the actor back in front of the verb.

Entry 112Redline

Unsafe Lane Change

Three words an officer writes at the scene that sound like fault and are only the doorway to it. The Texas lane-change duty, negligence per se, and what the box on the report leaves out.

Entry 073Redline

Clearly

When you write that something is clear, you are telling the reader you cannot show it. The word is a confession. Strike it.

Entry 048Redline

“No Crosswalk” Is Not the End of the Sentence

The first thing the defense says in a pedestrian case, and the sentence is not finished. How to write past it.

Entry 044Redline

Show the Second and a Half

Do not write that the driver was negligent. Write the second and a half he had to stop, and let the reader convict him.

Entry 037Redline

Failed to Control Speed

The crash-report phrase that sounds like a verdict. In a truck case it is only the first question.

Entry 035Redline

Wherefore, Premises Considered

The prayer that closes every Texas petition. The one piece of boilerplate you do not cut.

Entry 032Redline

The Buried Lede

The fact that wins your case should not be hiding in paragraph nine.

Entry 022Redline

The Letter You Don’t Send

Anger on paper reads as weakness, and the record keeps everything.

Entry 020Redline

One Fact, One Question

A question with two facts in it is a question the witness gets to choose from.

Entry 017Redline

Please Be Advised

The first sentence of a demand letter, spent on the wound instead of the weather.

Entry 014Redline

Nobody Did It

Passive voice is not grammar. It is a hiding place, built on purpose.

Entry 008Redline

Comes Now

The most famous throat-clear in Texas law, edited into a first line that earns its place.

Entry 005Redline

The Fog Machine

One defense-letter sentence, edited down to its eleven honest words.