Briefs

Although no judge has ever rejected a legal brief because it was too well written, edited, and proofed, a diminished return on investment is reached at a certain point.

Protip: when in the Ninth Circuit, avoid filing an overlength brief at all costs.

Why does it make sense to share briefs you've previously written with the outside world?

Can you believe someone filed something this hideous in court?

What are the hallmarks of the "big firm mediocre" writing style? In-house columnist Mark Herrmann identifies them.

Litigators, how should you NOT open a brief?

Here’s my thesis: We create rules to hedge against ineptitude, and we thus institutionalize mediocrity. Here are the examples. First, someone — the Administrative Office of the Courts? God? — creates rules to hedge against incomprehensible judicial opinions, and we thus discourage judges from writing exceptional opinions. When new federal appellate judges attend what is […]

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