Reflections. Thoughts from Former Editors-in-Chief

• Pages: 26-29
• Date: 01 January 2026
• Published date: 01 January 2026
• Subject Matter: Civil Law

Published in Litigation News Volume 51, Num ber 2, Winter 202 6. © 2026 by the Amer ican Bar Ass ociation. Rep roduced with pe rmission. A ll rights reser ved. This info rmation or any po rtion thereof

may not be copied o r disseminated i n any form or by any means o r stored in an elec tronic databas e or retrieval system w ithout the expres s written consen t of the American Ba r Association .

Law and Writing

By Justice Michael B . Hyman,

Litigation News Editor-i n-

Chief, 1 990 –1992

Being editor-in-chief of

Litigation News merged two

passions: law and writing. As

an appellate justice, I remain

devoted to both, though occa-

sionally, I encounter a brief that

tests my patience for adverbs

acting like they have an implied

right to exist everywhere.

Litigation demands impactful

writing, not writing that needs

a secret decoder. Here are a

few things I wish lawyers would

remember before releasing

their creations into the world

unchaperoned.

Trim Sentences. Short sen-

tences work. They make your

point impossible to miss. Long

sentences do the opposite; they

burythe point they were meant

to convey.The solution? One

idea per sentence. No pileups

of commas. If a sentence feels

crowded, it probably is. A judge

should grasp your point before

reaching the period.

Write for a Busy Reader.

Judges manage heavy case-

loads, have limited time, and

lack patience for untangling

dense prose. Strive for clar-

ity, context, and direction.

Anticipate the questions the

court may ask and answer them

proactively. Imagine the judge

standing behind you saying,

“Get to the point.”

Mark the Route. Headings

tell readers where they are.

Without them, even strong

arguments can seem like

detours. Use headings to sig-

nal your destination in plain

English. Then guide the reader

from one idea to the next with

transitions that function like

turn signals. A well-marked

route keeps the reader on

course.

Banish Dead-End

Arguments. Weak arguments

detract. Some lawyers hold on

to every issue, adding bulk but

not value. Keep what drives

your case and eliminate what

doesn’t. Focus is advocacy, and

restraint is strategy.

Craft a Compelling Story.

Present facts as a narrative

rather than an itemized invoice.

Structure events in chronologi-

cal order and emphasize what

matters. Judges remember sto-

ries: who did what, why it mat-

tered, and how it aected the

©Iuliia Bon dar/Moment via Gett y Images

WINTER 202 6 • VOL. 51 NO. 2

26 | ABA LITIGATION SECTIO N

THOUGHTS FROM FORMER EDITORS-IN-CHIEF

REFLECTIONS