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Tag Archives: Chief Judge Alex Kozinski

Appellate Legal Writing – This Is How You Do It.

27 Thursday Nov 2014

Posted by Celia C. Elwell, RP in 9th Circuit Court of Appeals, Appellate Law, Appellate Writing, Brief Writing, Editing, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Propositions and Headings, Readability, Statement of Facts, Summary of the Argument, Table of Authorities

≈ Comments Off on Appellate Legal Writing – This Is How You Do It.

Tags

A Writ In Time, Appellate Writing, Bridging the Gap Seminar, Chief Judge Alex Kozinski, Free CLE Materials and Forms, Legal Writing, Louisiana Civil Appeals Blog, Moot Court, Raymond P. Ward, the (new) legal writer blog

Free La. Appellate CLE Materials, by Raymond P. Ward, Louisiana Civil Appeals Blog

http://tinyurl.com/mg88sy7

Here’s something you don’t see everyday – a top-notch lawyer generously sharing everything juicy in his CLE presentation.  I am a long-time follower of Mr. Ward’s blogs. I strongly recommend this blog, as well as his other blog, the [new] legal writer blog at http://raymondpward.typepad.com/newlegalwriter/. 

Notice how the propositions further the appellate brief’s argument to the court. They are not simply “The Court Should Grant Summary Judgment to Plaintiff” or something equally bland.  Likewise, the propositions are not more than one sentence.

The Statement of the Case is less than one page. The writer doesn’t bog the Court down with unnecessary facts. You can look, but you will not find even a whiff of legalese.

Please pay attention when you read the materials and each sample document (thank you for including them!). Notice that no words are wasted. There is a reason why.

Notice the word choice, the size of the sentences and paragraphs, and the crafting of the propositions and subheadings. The persuasive argument is easy to follow. The writer keeps the reader’s attention – an absolute must for anything you write.

Do you aspire to be a good writer? Write like this. -CCE

This morning [October 28, 2014], I presented an hour of CLE on appellate practice for the Louisiana State Bar Association’s ‘Bridging the Gap’ seminar, a program for newly minted lawyers who passed the February 2014 bar exam. For attendees and anyone else who may be interested, here are some supplemental materials used or discussed in the presentation:

  • My written materials
  • A PDF copy of my PowerPoint presentation
  • My article A Writ in Time, 51 La. B.J. 338 (Feb.–Mar. 2004)
  • Two entertaining and informative articles by Chief Judge Alex Kozinski of the U.S. Ninth Circuit:
    • In Praise of Moot Court—Not!, in which Judge Kozinski discusses the differences between law-school moot-court competitions and real-world appellate practice
    • The Wrong Stuff, in which Judge Kozinski offers tips to help you lose your next appeal

For reasons discussed at the seminar and elsewhere, I recommend against over-reliance on forms. With that caution stated—and with no warranties—I offer some samples of pleadings and briefs, all in PDF:

  • Notice of intent to seek a supervisory writ

  • Application for a supervisory writ

  • Request for oral argument

  • Brief (La. court of appeal)

  • La. Supreme Court writ application

  • La. Supreme Court merits brief

  • US 5th Circuit brief

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Benchslap Open Season on Acronyms.

30 Wednesday Apr 2014

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

≈ Comments Off on Benchslap Open Season on Acronyms.

Tags

Acronyms, Benchslap, Brief Writing, Chief Judge Alex Kozinski, D.C. Circuit Judge Kavanagh, D.C. Circuit Judge Silberman, Legal Writing, Legalese, Mark Hermann, Ross Guberman

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.’ . . .

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