Chief Justice Roberts’s Judicial Writing

On 29 January 2010, in Persuasive Writing, by Peter Smythe

Suits and Sen­ten­ces, one of the bet­ter law blogs on the web, has a small piece about the wri­ting style of Chief Jus­tice Roberts. Michael Doyle, the blog’s author, points out that Roberts’s style is plains­po­ken and the­re­fore effec­tive. Check it out here.

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The Importance of the Appellate Brief

On 29 January 2010, in Appellate Advocacy, by Peter Smythe

Regard­less of the panel you get, the ques­tions you get, or the ans­wers you give, I main­tain it is the brief that does the final job, if for no other rea­son than that the opi­nions are often writ­ten seve­ral weeks and some­ti­mes months after the argu­ment. The argu­ments, great as they may have been are […]

 

The Right Tone

On 28 January 2010, in Persuasive Writing, by Peter Smythe

Legal briefs and motions are many times filled with invec­ti­ves against the other party, oppo­sing coun­sel, or even the court. Frankly, shrill invec­ti­ves are not sharp per­sua­sive tools and the best tone for any legal docu­ment is a plain one. Con­si­der this from Jac­ques Bar­zun: [T]he best tone is the tone called plain, unaf­fec­ted, unadorned.… […]

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