Disputed Issues

Controversies in legal writing

Wednesday, June 28, 2017

A Model of Persuasion

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Despite our casual compartmentalization of many diametrically opposed beliefs, humans are also sensitive to cognitive dissonance that is mer...
Sunday, April 30, 2017

The Role of Suggestion in Persuasive Writing: “What is Classic Prose?” Revisited

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Thomas and Turner ( Clear and Simple as the Truth: Writing Classic Prose ) describe classic prose as nonargumentative , a characteristic bo...
Monday, January 18, 2016

Breaking the knowledge barrier: Steven Pinker versus Albert Einstein on the “curse of knowledge”

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The “curse of knowledge” concept and its limitations When a professor, accomplished in his discipline, proves unable to explain it, some...
Saturday, July 25, 2015

Euphony and the problem of authenticity

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Of the Writing Virtues (Clarity, Concision, and Euphony), Euphony is the odd-man out. You might even wonder why it belongs in this august g...
Tuesday, April 14, 2015

Word selection: A new principle of emphasis in near-mode

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”Never use a long word where a short one will do,” is often repeated and seemingly unobjectionable advice, whose failures reveal additional...
Monday, November 3, 2014

Univocality, the highest stage of clarity

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The conquest of ambiguity Language is inherently ambiguous, but the classic-prose writing style entails minimizing conceptual ambigui...
Tuesday, July 29, 2014

Plain-talk writing countersignals power

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Since unexplained consensus is a form of evidence , an important question is this: why have the opponents of legalese converged on plain-ta...
Sunday, April 20, 2014

The polar forms of writing—formal and informal—and the poor prospects for intermediates

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Formal prose, I’ve emphasized, is a writing style , a distinct type of writing, differing from the informal in its ideals and aspirations: ...
Tuesday, February 25, 2014

The new topic/stress principle: Topic is concrete, stress abstract

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Recall the sequence (concrete to abstract, near to far): conversation – informal prose – formal prose – poetry Formal prose is a...
Wednesday, February 5, 2014

“Stress position” is a misnomer: Explaining structural emphasis

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The practice of locating important new information at the end of a proposition (the “stress position”) is undervalued and misunderstood by...
Wednesday, January 15, 2014

“Formal” and “informal” writing differ in word order

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Not incessantly but at least occasionally, unobtrusively yet obviously— formal writing hovers on the edge of awkwardness. This is unremark...
Friday, December 6, 2013

Psychological roots of writers’ resistance to clarity

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Most lawyers disregard the most useful principle of advanced writing : put new important matter at the sentence end (the stress position). T...
Thursday, November 14, 2013

Constructing sentences for precise emphasis: The fundamental principle of advanced writing

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A legal-writing authority advises:  View your reader as a companionable friend—someone with a warm sense of humor and a love of sim...
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About Me

Stephen R. Diamond
SUPPLIER OF LEGAL THEORIES. Attorneys' ghostwriter of legal briefs and motion papers, serving all U.S. jurisdictions. Former Appellate/Law & Motion Attorney at large Los Angeles law firm; J.D. (University of Denver); American Jurisprudence Award in Contract Law; Ph.D. (Psychology); B.A. (The Johns Hopkins University). E-MAIL: srdiamond@gmail.com Phone: 760.974.9279 Some other legal-brief writers research thoroughly and analyze penetratingly, but I bring another two merits. The first is succinctness. I spurn the unreadable verbosity and stupefying impertinence of ordinary briefs to perform feats of concision and uphold strict relevance to the issues. The second is high polish, achieved by allotting more time to each project than competitors afford. Succinct style and polished language — manifested in my legal-writing blog, Disputed Issues — reverse the common limitations besetting brief writers: lack of skill for concision and lack of time for perfection.
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