The can
opener, the opening phrase of the Action Motions 2K10, should be
simple, direct and free of convoluted legalese. The opener should
"zing." Sensitivity to the presumption of innocence is
absolutely essential; refer to your client by name or at least as
"the Accused" rather than “the Defendant". Personalize
and humanize your client often by using the individual's full name at
each opportunity. These sensitivities, together with concurrent
sensitivity to terms used to refer to women, minority persons and poor
people should be maintained, of course, throughout life -- but
especially in the language of motions.
|
Examples
of the Can Opener |
|
The
Accused moves this Court . . . |
|
Larry
Ruffin moves this Court . . . |
|
Please,
Judge, Please . . . |
|
No
way, Ms. Prosecutor, no way!
|
Just
what is it about NO that you don’t understand! |
|
|