Category Archives: Benchslap

Legal Writing Benchslaps – Big Ouch!

05 Monday Jun 2017

Posted by in Bad Legal Writing, Benchslap, Judges, Legal Writing

≈ Leave a comment

How Poorly Drafted Pleadings and Bad Writing Can Hurt Your Client and You, Online Writing Center, Writing Tools, PennState Law

http://bit.ly/2rrqfEr

There are some basic rules of legal writing that are fatal to ignore. This post illustrates some of the most common errors that cost the author dearly. When the court goes to the trouble to benchslap the lawyer’s writing, take the court’s criticism to heart and avoid making the same writing mistakes.

This post also has a bonus. Look at the bar on the left to find legal writing exercises and answers. -CCE

A Benchslap By Judge Gorsuch. And It’s A Really Good One, Too.

17 Monday Apr 2017

Posted by in 10th Circuit Court of Appeals, 10th Circuit Practitioner's Guide, Appellate Judges, Appellate Law, Appellate Record, Benchslap, Citations to the Record, Immigration Law, Judges

≈ Comments Off on A Benchslap By Judge Gorsuch. And It’s A Really Good One, Too.

Tags

, , , , ,

Benchslap Of The Day: No More Mr. Nice Guy, by David Lat, Above The Law Blog

http://abovethelaw.com/2015/03/benchslap-of-the-day-no-more-mr-nice-guy/

It’s Monday, which makes it a good day for a good old-fashioned benchslap!

Our Judge for today’s benchslap is none other than newly appointed Justice Neil Gorsuch of the United States Supreme Court, back when he was at the United States District Court for the Tenth Circuit. Judge Gorsuch’s opinion is an excellent lesson on the basic elements of a successful appeal. An immigration lawyer ignored the Court’s local rules. A serious mistake, and a thorough benchslap. -CCE

Appellate Court Benchslaps Trial Judge – Ouch.

25 Friday Nov 2016

Posted by in Appellate Judges, Benchslap, Judges

≈ Comments Off on Appellate Court Benchslaps Trial Judge – Ouch.

Tags

, ,

Appeals Panel Rips Judge Over One-Minute Decision, by Joe Patrice, Above The Law Blog

http://abovethelaw.com/2016/10/appeals-panel-rips-judge-over-one-minute-decision/

The only thing more stinging than a satisfying benchslap is the cool, crisp bite of a sly insult. The understated quip can often accomplish so much more than the breathless broadside. For example, an opinion reversing the court below that signs off with, ‘next time, we assume you’ll do your job,’ boasts more devastating heft than anything Justice Scalia served up. It’s just so cold.

Continue reading →

Citations In Footnotes? The Debate Rages On.

03 Saturday Sep 2016

Posted by in Benchslap, Citations, Footnotes, Judges, Legal Writing

≈ Comments Off on Citations In Footnotes? The Debate Rages On.

Tags

, , , ,

Benchslap Of The Day: Don’t You Dare Put Citations In The Footnotes, by David aw LobLat, Above The Law Blog

http://abovethelaw.com/2016/08/benchslap-of-the-day-dont-you-dare-put-citations-in-the-footnotes/

In case you’ve missed it, there is controversy in the legal writing world about whether citations belong in the text or in the footnotes. People in both camps feel strongly about this. These people do not see a lot of gray. You are either doing it right or you’re not. I suspect this Judge has similar inclinations. -CCE

Nobody puts baby in the corner. And nobody puts citations in the footnotes — at least not in this federal judge’s court.

Via the Twitter feed of Ross Guberman, a leading expert on legal writing, comes this benchslap from Judge James K. Bredar (D. Md.) . . . .

Continue reading →

Gender Discrimination During Deposition Earns Judge’s Benchslap.

16 Saturday Jan 2016

Posted by in Attorney Discipline, Benchslap, Depositions, Discovery, Judges, Legal Ethics, Professional Civility, Rules of Professional Responsibility

≈ Comments Off on Gender Discrimination During Deposition Earns Judge’s Benchslap.

Tags

, , , ,

Lawyer Receives Stern Benchslap And Amazing Sanction For Sexist Deposition Comment, by Staci Zaretsky, Above The Law Blog 

http://bit.ly/1RNcs34

As we’ve thoroughly documented in these pages, women who practice law are often subjected to demeaning and degrading comments from their male colleagues, for no other reason than because they’re women. One federal judge had finally had enough of this type of disrespectful behavior, so he took a lawyer to task for making a sexist remark during a deposition. . . .

Continue reading →

Failure To Follow Court Rules Earned This Fed Up Benchslap.

23 Monday Nov 2015

Posted by in Appellate Law, Bad Legal Writing, Benchslap, Brief Writing, Citations, Court Rules, Courts, Issues On Appeal, Judges, Legal Writing

≈ Comments Off on Failure To Follow Court Rules Earned This Fed Up Benchslap.

Tags

, , , , ,

A Lawyer Way Out Of Her League Gets Benchslapped By Frustrated Judge, by Kathryn Rubino, Above The Law Blog

http://tinyurl.com/o9hk847

The case did not seem suspicious. A commercial painter claimed he had not been paid for work hired by a building manager. The lawyer took the painter’s case. Unfortunately, under oath, her client admitted that he had faked his evidence with forged invoices.

No one was surprised when the trial court imposed sanctions. The surprise came when the lawyer appealed the case with a badly written brief. The lawyer only made it worse when she submitted her corrected brief to the Court. The judge’s response is a classic benchslap. -CCE

Perfect Benchslap For Redaction Running Amuck.

08 Saturday Aug 2015

Posted by in Benchslap, Court Orders, Federal Judges, Judges, Legal Writing, U.S. District Courts

≈ Comments Off on Perfect Benchslap For Redaction Running Amuck.

Tags

, , , , ,

Judge Trolls Lawyers Without Saying Anything At All, by Joe Patrice, Above The Law

http://abovethelaw.com/2015/08/judge-trolls-lawyers-without-saying-anything-at-all/

Joe beat me to it. Many thanks to Jessica L. Craft at Holden & Carr for the heads’ up. -CCE

Judge Charles Breyer proves that a redaction can be worth a thousand words. . . .

Continue reading →

Judge’s Benchslap for Missing E-Filing Deadline By Three Minutes.

13 Saturday Jun 2015

Posted by in Benchslap, Calendar/Docketing, E-Filing, Judges, Law Office Management, Legal Technology

≈ Comments Off on Judge’s Benchslap for Missing E-Filing Deadline By Three Minutes.

Tags

, , , , , ,

Judge Shames Lawyers Over Midnight Filings In Awesomely Sarcastic Order, by Staci Zaretsky, Above The Law

http://tinyurl.com/oeld5yg

Thanks to the advent of electronic filing, lawyers get to work nearly 24 hours a day. You’re not expected to work that much, of course, but your firms certainly wouldn’t mind it if you did. Got a motion due at midnight? No problem! You’re overworked and you’ve got a million other things on your plate, so putting one filing on the backburner can’t hurt. After all, you can just furiously write it the night it’s due, and click a few buttons to get it filed by 11:59 p.m. But for some, until the last minute will come back to bite you in the ass. . . .

Continue reading →