As lawyers, our existence is governed by rules: court rules, procedural rules, evidentiary rules and Bluebook rules, just to name a few. We are not, however, immune to the effects of media influences, such as stories edited to video clips for shortened attention spans or the impact of special effects on content. Can an emoji text be an out-of-court statement offered for the truth? Are commas and periods superfluous? Have character limitations on social media platforms, Urban Dictionary and the evolution of slang terms and phrases changed the rules?
Between you and me—not “you and I”—rules are rules, and they need to be followed. As staid and unfashionable as it might sound, proper grammar, punctuation and word choice still count because they provide structure and clarity. Lawyers’ tools are words, in both writing and oral advocacy. Our existence as litigators depends on our ability to persuade the trier of fact, whether that means one judge or six jurors, and our ability to persuade depends on our ability to communicate effectively.
