We strive to say the right thing. We, especially as litigators, love to correct people with their use of wrong phrases, or when they “slip” up on the witness stand to be able to point out the error of their ways to the jury.
We sat at our partner’s breakfast meeting this morning and discussed the lack of using “written” words. Not on the computer, but on paper and writing letters and journals. You know the kind that we see in history books on past presidents. The journals of our past relatives can add so much of their character, of who they were and what life was like at the time. We can see their corrections and deletions that we now miss with the use of the computer.
Writing in a sense has become a lost art, or appears to be losing its place in our society. But good writing is still necessary in the litigation field and in the other areas of law as well. I write this, okay type this column, after reading an article regarding Judge Sotomayer who is now the nominee to the U.S. Supreme Court.
Tony Mauro of the National Law Journal article "Sotomayer, Word by Word" highlights some of the debate that will not encompass Judge Sotomayor’s nomination – her writings. Former case decisions that are now in written form will be dissected, debated and questioned. According to quotes in the article, Judge Sotomayer struggled as a writer, even in the legal field, her writing style is at times tough to read and at times boring. I think a comment of why she adds so much detail to her opinions is interesting:
Sotomayor's six years as a federal trial judge are crucial in understanding her approach to opinion writing, said Alan Schoenfeld, who clerked for her in 2006 and 2007. She sees giving specific guidance to district court judges and litigators as a major part of her job, he said, and that requires going into detail.
I am glad she writes her opinions to educate the courts and the attorneys. It is the reason we all research former cases to find one that assists our cause and will persuade the trial court to agree with our position on an issue or to more fully understand the issue presented.
I understand the dilemma this article raises. The concern of how detailed Judge Sotomayer is in her decisions, will they make sense in the Supreme Court or will they be too hard to understand? We don’t know. Will she be confirmed or denied based on her written opinions. We all try to write our best. There are some who have a skill or knack to write much better than others. I think I fall into the category with Judge Sotomayer that my writing takes many drafts to complete.
Since most of my writing is done by typing on a computer gone are the drafts and revision sheets of paper. The lost art of letter writing is now on blogs or social networks online. For some of us, writing letters and keeping journals is still a daily necessity, but for how long? Will we pass on a legacy of what the law has meant to us or for us that others can review in the future? It is interesting how we push technology and the internet social networks, yet when it comes down to choosing a U.S. Supreme Court judge we look at her written words.
So, now go out there and write - you never know who may be reading your words.
