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Archive for Craft

Fair Use in Fiction and NonFiction

Lawyers ask me all the time: What are the rules about copyright? What does it cover? When does it attach? Are there any exceptions? How long does it last? What are the consequences of violating another's copyright?

These questions seem simple, but they aren't. And the answers should be easy, but they're not. Nor is there one place where all such simple questions and easy answers are collected for authoritative… Continue reading

Intellectual Property - Yours, Mine & Ours

We should think about copyright and whether we are operating within the bounds of the law every time we put pen to paper or keystroke to keyboard.

Legal writing is usually technical and nonfiction. We use forms from various sources, we quote from cases, and we paraphrase statutes. We don't often consider whether we are infringing on a valid copyright. And usually, we're not.

Except when we are.

Not all writing… Continue reading

Building a Law Career Through Writing

All lawyers are writers, but not all lawyers focus on writing as a career builder. Developing your law career through writing for publication doesn't have to be dull, boring, or a total time drain.

Online publishing in various venues is a good place to start using writing to build a wider legal reputation that can lead to clients. Most law firms have blogs now and writing for the firm's blog… Continue reading

When Time Travel Works

Although I have no desire to be seventeen again (or even twenty five or thirty five) I love time travel stories. The logic is always flawed, but the premise intrigues me every time.

What if we could as easily travel back in time as we travel now to other continents or into space?

I might visit my dad and have a nice long chat. Or maybe my grandparents.

Perhaps I'd see Hemingway in… Continue reading

Reading Fiction Changed My Life

Why do business, professional, and political folks read fiction? Maybe the best reason is that reading fiction is fun for us. It's how we relax, how we relate to the world. We're well educated and most of what we know we learned through reading. By this time, we're all adults and we've been reading for decades. We enjoy it.

We like the feel of books, the

Creating Great Comedy Through Dialogue

Are you watching the sitcom "Big Bang Theory?" It's fun and funny. Jim Parsons, the guy who plays Sheldon, is an acting genius. Watch his face and his body as he delivers his lines.  He was nominated for an Emmy this week, as well he should have been. I hope he wins, too.
 
The basic premise of the show is: "4 nerds and an actress babe." Despite this rather simplistic

Lawyers Discover Why Drama Requires “Show Don’t Tell”

I'd been writing fiction with intent to publish for more than fifteen years when I finally understood an imporatant difference between exposition and dramatic writing. Or at least, the nuance that had been eluding me up until that time. The nuance many lawyers miss when admonished to "show not tell." All writing seeks to convey clarity. But the methods vary. In this context, the nuance I'm referring to is the distinction between… Continue reading

Dancing With the Madman

Bryan Garner's recommendation of the Flowers Writing Paradigm would have significantly shortened my learning curve if I'd known about it. Maybe my recommendation now can serve you as Garner's would have served me. Dr. Betty S. Flowers, Garner reports, devised a shrewd way of dramatizing the process to minimize problems and maximize efficiency as well as effectiveness. The most important news here is that the process works. And not… Continue reading

Legal Writing: Who’s Your Audience? What’s Your Goal?

Legal writing is a highly specialized art form that should be employed only when it can't be avoided. Every audience will appreciate your adherence to a simple plan: never use highly technical writing techniques when more reader friendly versions will do the job (and be more effective in the process). This is a good rule for all technical professionals. Doctors, pharmacists, engineers, marketers, human relations experts, and rocket scientists. I'm not simply… Continue reading

Learning The Craft of Writing

One of our writing colleagues, Joe Finder, wrote an exceptionally thoughtful post on the power of learning to write through reading and study of books we enjoy. Books to be influenced by, Joe reminds us, are those we can rely upon for education as well as inspiration. Stephen King famously said in his memoir, On Writing, one needed only two habits to develop writing skills: read a lot and… Continue reading