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The Judiciary of the Republic of IraqThe Judiciary of the Republic of Iraq

U.S. - Iraq Judicial Exchange

Creating a World-Class Creating a World-Class Training Program in Training Program in

Judgment Writing and EditingJudgment Writing and Editing::

The Why and the HowThe Why and the How

John T. Salatti, Esq.John T. Salatti, Esq.Director and Co-FounderDirector and Co-Founder

ofof

LAWLAWritersriters

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Why Do Courts Issue

Written Judgments?

Judgment Writing and Editing – Judgment Writing and Editing – The Meta ViewThe Meta View

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Judgment Writing and Editing – Judgment Writing and Editing – The Meta ViewThe Meta View

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Judgment Writing and Editing – Judgment Writing and Editing – The Meta ViewThe Meta View

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Judgment Writing and Editing – Judgment Writing and Editing – The Meta ViewThe Meta View

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Judgment Writing and Editing – The Elements of a Strong Writing Training Program

A Unifying MethodologyA Unifying Methodology

SeminarsSeminars

WorkshopsWorkshops

Individual ConsultationsIndividual Consultations

The FundamentalsThe Fundamentals

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Judgment Writing and Editing – The Elements of a Strong Writing Training Program

A Unifying MethodologyA Unifying Methodology

Clear Principles & Clear Principles & TechniquesTechniques

Language of Effective Language of Effective WritingWriting

The BookThe Book

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Judgment Writing and Editing – The Elements of a Strong Writing Training Program

The SeminarThe Seminar

11stst place to articulate place to articulate the unifying methodthe unifying method

Largest scale elements Largest scale elements to the smallestto the smallest

Techniques & ExamplesTechniques & Examples ExercisesExercises

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Judgment Writing and Editing – The Elements of a Strong Writing Training Program

The WorkshopsThe Workshops

Edit Like a ProEdit Like a Pro

Editing and Feedback Editing and Feedback Skills for JudgesSkills for Judges

Start StrongStart Strong

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Judgment Writing and Editing – The Elements of a Strong Writing Training Program

The FundamentalsThe Fundamentals

GrammarGrammar PunctuationPunctuation MechanicsMechanics Usage Usage Common errorsCommon errors

Developing a “Judgment Template”

• Would it be helpful for judges on the Court to use a “template” (agreed-upon structure) for judgments?

• Advantages?

• Disadvantages?

• Should there be different templates for different types of cases?

• Elements of Judgment Template

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A QUICK TOUR OF THE DIFFERENT WRITNG

MODULES

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JUDICIAL JUDGMENT WRITING AND EDITING

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SEIZING THE READERS’ ATTENTION WITH SEIZING THE READERS’ ATTENTION WITH SUPER-CLARITY: THE PRINCIPLESSUPER-CLARITY: THE PRINCIPLES

Principle 1: Provide ContextPrinciple 1: Provide ContextReaders absorb information best if they Readers absorb information best if they understand its significance as soon as understand its significance as soon as they see it.they see it.

Principle 2: Match Form and SubstancePrinciple 2: Match Form and SubstanceReaders absorb sequences of information Readers absorb sequences of information best if the sequence’s order (its “form”) best if the sequence’s order (its “form”) is consistent with the information’s purpose is consistent with the information’s purpose (its “substance”).(its “substance”).

Principle 3: Segment Your InformationPrinciple 3: Segment Your InformationReaders absorb information best if they Readers absorb information best if they can absorb it in relatively short pieces.can absorb it in relatively short pieces.

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PRINCIPLE 1: PROVIDE CONTEXTPRINCIPLE 1: PROVIDE CONTEXT The Corollaries of Meta-InformationThe Corollaries of Meta-Information

a. a. Put context before detailsPut context before details

b. b. Put familiar (or “old”) Put familiar (or “old”) information before newinformation before new

c. c. Make the structure explicitMake the structure explicit

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HIDING THE STRUCTURE

The reason that funded programs have been less utilized than unfunded programs is that under the tax law if employees are given a non-forfeitable interest in a non-qualified trust they will experience immediate taxation on the amounts set aside for them. Furthermore, the complex and onerous requirements of Title I of ERISA would normally apply to a funded program.

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The reason that funded programs have been less utilized than unfunded programs is that under the tax law if employees are given a non-forfeitable interest in a non-qualified trust they will experience immediate taxation on the amounts set aside for them. Furthermore, the complex and onerous requirements of Title I of ERISA would normally apply to a funded program.

HIDING THE STRUCTURE

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The reason that funded programs have been less utilized than unfunded programs is that under the tax law if employees are given a non-forfeitable interest in a non-qualified trust they will experience immediate taxation on the amounts set aside for them. Furthermore, the complex and onerous requirements of Title I of ERISA would normally apply to a funded program.

HIDING THE STRUCTURE

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Funded programs have been used less often than unfunded ones for two reasons. First, they have tax disadvantages: if an employee receives a non-forfeitable interest in a non-qualified trust, he will be taxed immediately on the amounts set aside for him. Second, funded programs have administrative disadvantages: they are normally subject to the complex and onerous requirements of Title I of ERISA.

MAKING THE STRUCTURE EXPLICITLY CLEAR –– After #1

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Funded programs have been used less often than unfunded ones for two reasons. First, they have tax disadvantages: if an employee receives a non-forfeitable interest in a non-qualified trust, he will be taxed immediately on the amounts set aside for him. Second, funded programs have administrative disadvantages: they are normally subject to the complex and onerous requirements of Title I of ERISA.

MAKING THE STRUCTURE EXPLICITLY CLEAR –– After #1

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Funded programs have been less used than unfunded programs because they have both tax and administrative disadvantages. The tax disadvantages arise because employees—who are given a non-forfeitable interest in a non-qualified trust—are immediately taxed on the amounts set aside for them. The administrative disadvantages result from the complex and onerous requirements of Title I of ERISA that apply to funded programs.

MAKING THE STRUCTURE EXPLICITLY CLEAR – After #2

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TAKING COMMAND WITH STRONG TAKING COMMAND WITH STRONG MACRO-ORGANIZATIONMACRO-ORGANIZATION

ContainerContainer

Point – Point – LegalLegal

ATTENTIVEATTENTIVE

Why & WhatWhy & What

RESPECTRESPECTEfficiencyEfficiency

LanguageLanguage

SMARTSMART

Point – Point – PracticalPractical

Jargon & ToneJargon & Tone

Background & FocusBackground & Focus

Structure – Roadmap and Road SignsStructure – Roadmap and Road Signs

EDIT LIKE A PRO:

Strengthening Your Drafts Quickly, Effectively, and

Substantively

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START STRONG:

What do you do before you put fingers to

keyboard

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