CBA Record January 2018

New 12(g)(1): (g) Joining Motions. (1) Right to Join. A motion under this rule may be joined with any other motion allowed by this rule. Some of Kimble’s other lessons include break up long sentences, say what you mean in normal English, be wary of inten- sifiers, use headings, banish most “shalls,” and liquidate “zombie” nouns (a.k.a. nomi- nalizations– verbs turned into nouns). In sum, Kimble reminds us, “[L]egal drafting is a demanding skill that needs to be learned and practiced. The more impor- tant the project, and the more it affects the public or the profession, then the more important it is that this skill shine through.” In addition to his drafting lessons, Kimble includes essays on a variety of legal writing topics, such as moving citations to footnotes, editing tips, and defending plain language. In his prior books, Lifting the Fog of Legalese and Writing for Dollars, Writing to Please , Kimble has focused on writing

4(d)(1) ; now 4(d)(5) : the jurisdiction of the court over the person of the defendant/ personal jurisdiction. [Convert of -phrase to adjective.] 23.2 : in the conduct of the action/in conducting the action. [Convert (article) (noun) of into an –ing form.] Above all, avoid hard-core legalese. Kimble refers to legalese as, “[T]he kind of talk and writing that has brought endless ridicule on our profession–and rightly so.” Amazingly, the revised Federal Rules have done away with “pursuant to,” “provided that,” “hereof,” “therefor,” “wherein,” and most “shalls.” The new rules also do not use “such” when it means “a” or “the.” It is striking how little one misses legalese in the new rules. Examples: Old 12(g): (g) Consolidation of Defenses in Motion. A party who makes a motion under this rule may join with it any other motion herein provided for and then avail- able to the party….

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Center Manager at 312/554-2124 for details.

for litigators and laypersons, respectively. His third book offers attorneys who draft transactional documents or legislation the same keys to clear, concise legal writing. It is a treasure trove of advice 30 years in the making.

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CBA RECORD 51