Comments on: Judicial writing http://briefcase8.com/2008/10/23/judicial-writing/ Case analysis with an attitude Fri, 10 Feb 2012 12:47:45 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Russ Bensing http://briefcase8.com/2008/10/23/judicial-writing/comment-page-1/#comment-59671 Russ Bensing Sun, 21 Jun 2009 12:01:50 +0000 http://briefcase8.com/2008/10/23/judicial-writing/#comment-59671 Mitch, You can find anything from a short note to a 60-page article on briefwriting. Google "effective briefwriting" and you should be able to come up with some stuff that's helpful. The post here: http://www.wislawjournal.com/archive/2006/0531/brief.html should get you started. Good luck. Mitch,

You can find anything from a short note to a 60-page article on briefwriting. Google “effective briefwriting” and you should be able to come up with some stuff that’s helpful. The post here:

http://www.wislawjournal.com/archive/2006/0531/brief.html

should get you started. Good luck.

]]> By: mitch http://briefcase8.com/2008/10/23/judicial-writing/comment-page-1/#comment-59637 mitch Sat, 20 Jun 2009 21:13:15 +0000 http://briefcase8.com/2008/10/23/judicial-writing/#comment-59637 I am putting together my first document for the court. Our attorney has requested to withdraw from our case and we are filing a objection Pro Se. Is there a place where you could direct me to obtain tips on effectively writing for the court system? Thank you. I am putting together my first document for the court. Our attorney has requested to withdraw from our case and we are filing a objection Pro Se.

Is there a place where you could direct me to obtain tips on effectively writing for the court system?

Thank you.

]]> By: Brian Lee http://briefcase8.com/2008/10/23/judicial-writing/comment-page-1/#comment-41723 Brian Lee Fri, 24 Oct 2008 12:02:41 +0000 http://briefcase8.com/2008/10/23/judicial-writing/#comment-41723 I agree with both Russ and Greg. I would advise something like "The legal standard for determining the sufficiency of the evidence is well established" with a footnote. And Greg, you are almost certainly right. The boilerplate stuff is probably not read by most appellate judges and certainly not by their staff attorneys. Use you pages for more persuasive stuff. I agree with both Russ and Greg. I would advise something like “The legal standard for determining the sufficiency of the evidence is well established” with a footnote. And Greg, you are almost certainly right. The boilerplate stuff is probably not read by most appellate judges and certainly not by their staff attorneys. Use you pages for more persuasive stuff.

]]> By: Russ Bensing http://briefcase8.com/2008/10/23/judicial-writing/comment-page-1/#comment-41660 Russ Bensing Thu, 23 Oct 2008 20:21:00 +0000 http://briefcase8.com/2008/10/23/judicial-writing/#comment-41660 That's an interesting thought. Maybe my next brief will have something like I. Sufficiency of the Evidence A. Standard of Review Hey, if I've got to tell you guys what it is, we're all in trouble. That’s an interesting thought. Maybe my next brief will have something like

I. Sufficiency of the Evidence
A. Standard of Review

Hey, if I’ve got to tell you guys what it is, we’re all in trouble.

]]> By: Greg Helms http://briefcase8.com/2008/10/23/judicial-writing/comment-page-1/#comment-41658 Greg Helms Thu, 23 Oct 2008 19:53:06 +0000 http://briefcase8.com/2008/10/23/judicial-writing/#comment-41658 To touch on the re-inventing of the wheel, I think appellate practioners would be wise to heed to the same approach. The courts don't need the lecture about the standard for summary judgment, etc. When that's included, I believe it's skipped over automatically. You're better off saving some trees, and some time, and not including it. At least in my opinion. To touch on the re-inventing of the wheel, I think appellate practioners would be wise to heed to the same approach. The courts don’t need the lecture about the standard for summary judgment, etc. When that’s included, I believe it’s skipped over automatically. You’re better off saving some trees, and some time, and not including it. At least in my opinion.

]]> By: Russ Bensing http://briefcase8.com/2008/10/23/judicial-writing/comment-page-1/#comment-41642 Russ Bensing Thu, 23 Oct 2008 15:50:16 +0000 http://briefcase8.com/2008/10/23/judicial-writing/#comment-41642 Revel away. Meanwhile, reading every appellate case that comes out? If I did that, Judge Painter would be writing "one gun, one shot" about me. Revel away.

Meanwhile, reading every appellate case that comes out? If I did that, Judge Painter would be writing “one gun, one shot” about me.

]]> By: Brian Lee http://briefcase8.com/2008/10/23/judicial-writing/comment-page-1/#comment-41630 Brian Lee Thu, 23 Oct 2008 12:58:25 +0000 http://briefcase8.com/2008/10/23/judicial-writing/#comment-41630 I know what you mean. When I ran <i>Ohio Decisions Weekly</i>, I read every appellate case that came out (I still do, for the most part). I often wish that the writers would get to the point. I do believe that the First District has the tightest writers overall (although I may be biased because I work there). And as much as you give them grief for their high <i>Anders</i> numbers, the judges at the Twelfth do a good job also. Their stuff does tend to be longer than ours. But having read it, I seldom get that feeling that there was whole chunks that could have been left out. I absolutely agree with you comment about reinventing the wheel. Why is it that some judges feel the need to detail abuse-of-discretion, summary judgment, manifest weight, sufficiency, etc.? Is there a part of our legal community where those are still in flux? Another big offense is quoting page after page of statutory language. It seems like they write with the idea that, if there is a catastrophic event and the only document to survive is their opinion, it must be able to exist on its own. If that catastrophic event does occur, chances are people are going to have even less time to read seven pages on the history of the employer intentional tort as it relates to workers compensation or five pages on the shifting burdens in a sovereign immunity analysis. In fact, I am pretty sure they would not be read at all. BTW - I am reveling in the irony that this is the longest reply I have ever written on your blog. I know what you mean. When I ran Ohio Decisions Weekly, I read every appellate case that came out (I still do, for the most part). I often wish that the writers would get to the point.

I do believe that the First District has the tightest writers overall (although I may be biased because I work there). And as much as you give them grief for their high Anders numbers, the judges at the Twelfth do a good job also. Their stuff does tend to be longer than ours. But having read it, I seldom get that feeling that there was whole chunks that could have been left out.

I absolutely agree with you comment about reinventing the wheel. Why is it that some judges feel the need to detail abuse-of-discretion, summary judgment, manifest weight, sufficiency, etc.? Is there a part of our legal community where those are still in flux? Another big offense is quoting page after page of statutory language. It seems like they write with the idea that, if there is a catastrophic event and the only document to survive is their opinion, it must be able to exist on its own.

If that catastrophic event does occur, chances are people are going to have even less time to read seven pages on the history of the employer intentional tort as it relates to workers compensation or five pages on the shifting burdens in a sovereign immunity analysis. In fact, I am pretty sure they would not be read at all.

BTW – I am reveling in the irony that this is the longest reply I have ever written on your blog.

]]>