The Importance of Incorporating “Soft Skills” Into Your Legal Writing

VIKRAM DAVID AMAR, JULIE SCHRAGER

Illinois Law dean Vikram David Amar and Schiff Hardin writing coach Julie S. Schrager explain the importance of incorporating “soft skills”—rooted in emotional intelligence and viewing your writing from your reader’s perspective—into legal writing. Amar and Schrager offer four key tips to help legal writers, whether first-year law students or seasoned attorneys, become more effective communicators.

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Federal Defenders of New York, Inc. v. Federal Bureau of Prisons

Docket: 19-1778

Opinion Date: March 20, 2020

Judges: John M. Walker, B.D. Parker, Susan Laura Carney

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Second Circuit vacated the district court's dismissal of plaintiff's complaint against the BOP and Warden Quay in an action alleging that defendants' curtailment of inmate-attorney visits at the MDC in early 2019 violated the Administrative Procedure Act, and the constitutional right to counsel under the Sixth Amendment. The court held that the district court erred in dismissing plaintiff's APA claim by failing to consider applicable BOP regulations in its zone-of-interests analysis. Furthermore, the district court misconstrued plaintiff's Sixth Amendment claim. Plaintiff brought this claim under the federal courts' inherent equitable powers, but the district court treated the claim as purporting to arise directly under the Sixth Amendment. The court thought it was prudent to defer ruling on the merits of the Sixth Amendment claim because plaintiff raised novel questions of constitutional law. Accordingly, the court remanded for further proceedings and directed the district court to consider appointing a master to mediate the parties' differences at the earliest possible time to ensure that plaintiff has meaningful, continuous access to clients.

L.S. v. Webloyalty, Inc.

Docket: 18-3639

Opinion Date: March 20, 2020

Judge: Dennis G. Jacobs

Areas of Law: Consumer Law, Internet Law

Plaintiff filed a putative class action under the Electronic Funds Transfer Act (EFTA), alleging that defendant failed to provide plaintiff with a copy of the written authorization he gave online for recurring monthly charges to his debit card. The Second Circuit affirmed in part, holding that Webloyalty satisfied its obligation under the EFTA by providing plaintiff with an email containing the relevant terms and conditions of that authorization. In this case, the EFTA did not require Webloyalty to provide plaintiff with a duplicate of the webpage on which he provided authorization for recurring fund transfers, and Webloyalty's email to plaintiff was sufficient. However, the court held on a separate claim arising under the Connecticut Unfair Trade Practices Act, that the district court erroneously dismissed the claim for lack of subject matter jurisdiction. The court considered plaintiff's remaining arguments and concluded that they were meritless. The court vacated in part and remanded for further proceedings.