I often collaborate with other attorneys. We routinely create documents together. I know what I am looking for in a final product. I share my 30 Rules for Legal Writing with them. You may not agree with all my rules and there is sometimes a good reason to vary a particular rule. Occasionally, my collaborators and I have to negotiate. Still, I find things go more smoothly if co-authors work from the same set of expectations and make it “write.”

Here they are.

Rich’s 30 Rules for Legal Writing:

  1. Eliminate unnecessary words; no throat clearing.
  2. Keep it simple.
  3. Keep it direct.
  4. Keep your sentences short.
  5. Use active voice.
  6. State one idea at a time.
  7. Accuracy matters.
  8. Beware of repetition.
  9. State the issue.
  10. If an authority states the controlling rule, quote it.
  11. Use quotations from authorities if the specific words matter, otherwise paraphrase accurately. 
  12. If a statute or rule cites the controlling principle, begin with it, then refer to the cases.
  13. Use semicolons in lists or to show that two thoughts in independent clauses are intimately connected.
  14. When citing a case in the forum jurisdiction, refer to the official citation only.
  15. When citing a case that may not be easily available to the judge, attach a copy.
  16. Use explanatory parentheticals with a See or Cf. signal or if the application of the authority to the case is not obvious.
  17. Ordinarily, put the citations, except for case names, in the footnotes.
  18. Use bold text, not italics, to emphasize.
  19. Avoid abbreviations unless authorized in case names by the bluebook.
  20. Do not use contractions.
  21. Punctuation goes inside quotation marks even if that makes them technically inaccurate.
  22. No Harvard commas, unless the comma would prevent a misunderstanding.
  23. No extra spaces between sentences.
  24. Left justify your margins.
  25. Number your pages
  26. Reread and edit your draft.
  27. Be consistent.
  28. If you can get someone else to read and comment on your writing, do it.
  29. If you do not understand what you have written, you can be sure the Court will not either.
  30. Proofread.

Rich

Photo of Rich Cassidy Rich Cassidy

Rich Cassidy is a Vermont personal injury and employment lawyer. He also works regularly as a mediator and arbitrator.

A founder of Rich Cassidy Law, he has more than 40 years of experience with the practice of law in Vermont. Over the years…

Rich Cassidy is a Vermont personal injury and employment lawyer. He also works regularly as a mediator and arbitrator.

A founder of Rich Cassidy Law, he has more than 40 years of experience with the practice of law in Vermont. Over the years, his practice has changed substantially. As a result, Rich has represented all sides in many kinds of disputes: plaintiffs and defendants, employers and employees, injured parties and insurance companies. He believes that the breadth of his experience benefits all of his clients.

He is proud to represent the Burlington Police Officers Association and United Nurses & Allied Professionals.

For many years, Rich’s personal injury practice has been limited to representing injured persons and his labor and employment practice has been focused on representing employees. He enjoys the challenge of representing individuals in a world that seems increasingly dominated by large corporations and powerful institutions.

He has significant experience with litigation and alternative dispute resolution involving higher education, public education, public safety, health care, municipalities and manufacturing. His clients have included college students, faculty, and administrators as well as individuals, businesses, governmental agencies, and not-for-profit entities. He represents both labor unions and individuals in collective bargaining relationships. Many of his individual clients in employment law cases begin work with him under Limited Scope Representation Agreements.

He has also advocated for individuals, businesses and governments in a broad range of civil litigation, including in construction cases, cases under the Uniform Commercial Code, and contract and business tort claims.

In addition to his work as a litigator and counselor, he has served as a mediator and arbitrator and is a member of the Panel of Early Neutral Evaluators for the United States District Court for the District of Vermont and the early neutral evaluation panels for the Vermont Environmental Court and Vermont Superior Courts.

Rich believes that legal process can serve the ends of justice and has been active in work to improve the law throughout his career. For details see our public service page.

When he’s not practicing law or in a committee meeting, Rich enjoys reading, walking his dog, Sophie, skiing, swimming, and rowing his Adirondack Guide Boat on Lake Champlain.

 

Education:

·         Albany Law School Union University, Albany, New York

    • J.D. – 1978

·         University of Vermont, Burlington, Vermont

    • B.A. – 1975

·         Mount Saint Joseph Academy, Rutland, Vermont

    • College Preparatory Diploma – 1967 -1971

Bar Admissions:

·         Vermont, 1979

·         New York, 1979

·         U.S. District Court District of Vermont, 1979

·         U.S. District Court Northern District of New York

·         U.S. Court of Appeals 2nd Circuit, 1986

·         U.S. Supreme Court, 1990

Honors and Awards:

·         Jonathon B. Chase Award, ACLU of Vermont, Inc., 1990

·         Grassroots Award, American Bar Association, 2009

·         Equal Justice for All Award, American Bar Association, 2008

·         President’s Award, Vermont Bar Association, 2015

Professional Associations and Memberships:

·         Uniform Law Commission

    • President, 2015 – 2017
    • Executive Committee, Member
    • Scope & Program Committee, Chair, Member
    • Secretary
    • Uniform Collateral Consequences of Conviction Act, Drafting Committee Chair
    • Apportionment of Tort Responsibility Act, Member, Drafting Committee
    • Revised Uniform Arbitration Act, Member, Drafting Committee
    • The Model Punitive Damages Act, Member, Drafting Committee
    • Covenants Not to Compete Drafting Committee, Chair, 2020 to present
    • Developments in Privacy Law Committee, 2020 to present
    • Vermont Member, 1994 – Present

·         American Bar Association, 1978 – Present

    • Board of Governors, 2005 – 2008
    • American Bar Association, House of Delegates, 1999 – 2015

·         American Counsel Association, President, 2009 – 2010

    • Director

·         American Law Institute, Elected Member, 2015 – Present

·         Vermont Association for Justice, Member

·         Vermont Trial Lawyers Association, Member

·         Vermont Employment Lawyers Association, Founding Member, Past President, Treasurer

·         Vermont Bar Association, Member, 1978- Present

 

Past Employment:

·         Hon. Robert W. Larrow of the Vermont Supreme Court, Law Clerk, 1978 – 1979

·         Chief Justice Albert W. Barney, Jr., Vermont Supreme Court, Chief Law Clerk, 1979 – 1980

·         Law Office of David C. Drew, Associate Attorney, 1980 – 1982

·         Hoff, Wilson, Powell and Lang, P.C., 1982 – 1986

·         Hoff, Wilson, Powell and Lang, P.C., Shareholder, 1986 – 1989

·         Hoff Curtis, President and Shareholder, 1989 – 2016

 

Rich is a frequent writer and speaker on legal topics. He has lectured on trial practice, employment, arbitration, mediation, and construction law subjects before the American Bar Association, the National Employment Lawyers’ Association, the Vermont Bar Association, the Vermont Trial Lawyers Association, and the Vermont Employment Lawyers’ Association.

He has been selected for inclusion in Best Lawyers® and New England Super Lawyers® by his peers. (Listing in The Best Lawyers in America® or Super Lawyers® does not guarantee a desired result in a legal case or that listed lawyers are necessarily more skilled than lawyers who are not listed in such publications.) He was the 2013 “Best Lawyer of the Year” for Employment Law – Individuals and the 2015 “Best Mediator of the Year.”

His blog, On Lawyering.com is widely read by legal professionals and is syndicated on Lex Blog.