Why do lawyers, and judges, use passive voice in their writing?  Don’t they know better?

Perhaps not.  Every day we read briefs and opinions full of passive voice as if it showed extra super cleverness.  Blawgletter adores, but begs to differ with, those writers.

First look at the difference between passive and active voice.  In

Richardposner
Yale College and Harvard Law.
Oh, well.  Nobody’s perfect.

Blawgletter delights to read almost anything by U.S. Circuit Judge Richard A. Posner, polymath.  So the arrival today of an opinion bearing Judge Posner’s signature prompted a feeling of pleasant anticipation.  Blawgletter expected to learn something from the pithy master.  His Honor did not disappoint.

Billlerach
Bill Lerach, formerly of Milberg Weiss, whose criminal prosecution disrupted relations with institutional clients in securities class actions.

Professor Joseph A. Grundfest of Stanford speculates, in the WSJ today, that the number of securities class actions has fallen off lately because . . . they don’t do any good any more.  He dismisses the

Justicejackson
A great American trial lawyer and appellate judge.

U.S. Associate Justice Robert H. Jackson said in his opening statement as chief prosecutor in the Nuremberg trials decades ago:

That four great nations, flushed with victory and stung with injury, stay the hand of vengeance and voluntarily submit their captive enemies to the judgment of the

Jury_1
Would these guys acquit Scooter Libby?

Blawgletter has decided that I. Lewis "Scooter" Libby’s counsel should do what almost all criminal defense lawyers do — allow their clients to remain silent.  The jury in the U.S. v. Libby perjury and obstruction of justice trial has heard hours of Mr. Libby’s 2004 testimony to a

Frankielaine
Francesco Paolo LoVecchio.

World class singer Frankie Laine died today at 93.

Who can forget Mr. Laine’s dulcet theme from Rawhide (1959-66) — or the homage to it in The Blues Brothers (1980)?  Blawgletter can’t.  So — intending no disrespect — we wrote alternative lyrics for a gathering of general counsel, calling the result Troll

Today, a Seventh Circuit panel upheld the tossing of an antitrust case on the ground that the plaintiff couldn’t support either of its conspiracy theories.  The evidence didn’t, the Court concluded, raise an inference of a group boycott among competing grout and mortar distributors (horizontal conspiracy) or an agreement between the distributors and their supplier

Sdrams
SDRAMs.  Not SRAMs.  Totally different.

The price of Rambus stock leapt 24 percent today after the Federal Trade Commission issued a 3-2 ruling on remedies for Rambus’s manipulation of a standard-setting organization.  See story.

The FTC found in July 2006 that Rambus should have told the Joint Electron Device Engineering Council about Rambus patent