But law’s daily grist is not subject to that extrinsic pressure. It isa rare day that summary judgment procedures get a fresh look, orthat the Penal Code is re-evaluated in light of the stated objectivesof criminal law.
I think this statement is a bit comforting, I think as a 1L it's easy to be overwhelmed with big cases so that it feels like every case must change the law. But that isn't the reality of daily practice. Although the law is always shifting, it seems to develop slowly.
ithout this, withoutcontext, one may not be able to determine the holding of a case;one can only select sentences which are harvested like low-hangingfruit, but which obscure the true landscape.
I think this a real issue, as people's attention spans have gradually decreased, people scan texts for information that seems relevant to what they are looking for, but will tend to ignore everything else. The lack of context and information will hurt the lawyer and their client.
In fact, poor legal writing can impact our justice system.
To contribute to the author's point, I also think poor legal writing contributes to inaccessibility in the justice system or even more broadly in legal education. Dense and confusing briefs make it impossible for non-lawyers to read and understand cases that may have useful information for them. In legal education, students that have less money or less access to supplemental resources such as extra books or other services ( For example, services such as quimbee) are at an disadvantage when it comes to getting dense material unpacked. If legal writing was more clearly written I feel as if it would equal this playing field.