Tag Archives: Benchslap

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

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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

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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.

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Citations In Footnotes? The Debate Rages On.

03 Saturday Sep 2016

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

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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.) . . . .

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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

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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. . . .

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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

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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

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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. . . .

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Judge’s Benchslap Orders Parties To Rewrite Their Acronym-Loaded Briefs.

20 Monday Jul 2015

Posted by in Acronyms, Bad Legal Writing, Brief Writing, District of Columbia Circuit Court of Appeals, Legal Writing, Readability, Style Manuals

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Alphabet Attack, by Ross Guberman, Legal Writing Tips for Attorneys and Judges

http://legalwritingpro.com/blog/alphabet-attack/

I wonder how many judges have wanted to do this? -CCE

It wouldn’t be spring in America without some federal judges publicly criticizing attorneys in a genre now known as ‘benchslap.’

The offended court this time: the D.C. Circuit. The court’s target: acronyms in briefs filed in a complex telecom dispute. The benchslap: ‘It is ordered . . . that the parties submit new briefs that eliminate uncommon acronyms used in their previously filed final briefs.’ The court even cited its own practice handbook for good measure: ‘[i]n briefs the use of acronyms other that those that are widely known should be avoided.’ . . .

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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

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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. . . .

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Judge Uses The “Mommy Voice.”

25 Monday May 2015

Posted by in 7th Circuit Court of Appeals, Depositions, Discovery, Federal Rules of Discovery, Relevance, Requests for Production, Subpoena Duces Tecum

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Benchslap Of The Day: Just. Produce. The Documents!, by David Lat, Above The Law Blog

http://abovethelaw.com/2014/02/benchslap-of-the-day-just-produce-the-documents/

What’s the “Mommy Voice?” We have all been there, and may have used it ourselves.  It’s when your parent – usually your mother — calls you using your first, middle, and last names in a no-nonsense voice. Usually, whatever happens next, it isn’t pretty. -CCE

Yes, benchslaps are great fun to read about, especially if you enjoy a little schadenfreude. But benchslaps are not fun to receive — and they’re not always justified.

Because of the prestige of judicial office, judges generally get the benefit of the doubt when dishing out benchslaps. But sometimes judges go too far. For example, some observers felt that Judge Richard Posner crossed the line when interrogating a Jones Day partner during a recent Seventh Circuit argument.

This brings us to today’s benchslap — directed at a lawyer for the federal government, no less. It’s harsh, but is it warranted? . . .

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Benchslap Open Season on Acronyms.

30 Wednesday Apr 2014

Posted by in 9th Circuit Court of Appeals, Acronyms, Appellate Law, Bad Legal Writing, District of Columbia Circuit Court of Appeals, Legal Writing, Legalese, Readability

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Alphabet Attack, by Ross Guberman’s Legal Writing Blog

http://legalwritingpro.com/blog/alphabet-attack/

It wouldn’t be spring in America without some federal judges publicly criticizing attorneys in a genre now known as ‘benchslap.’

The offended court this time: the D.C. Circuit. The court’s target: acronyms in briefs filed in a complex telecom dispute. The benchslap: “’It is ordered . . . that the parties submit new briefs that eliminate uncommon acronyms used in their previously filed final briefs.’ The court even cited its own practice handbook for good measure: ‘[i]n briefs the use of acronyms other that those that are widely known should be avoided.’ . . .