Legal News and Appellate Tips

Each week, TVA appellate attorney Tim Kowal reviews several recent decisions out of the appellate courts in California, and elsewhere, and reports about the ones that might help you get an edge in your cases and appeals.

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Tag: Legal Writing

Lawyer Lighting Rod Question: Do you use the "(cleaned up)" citation parenthetical in briefs?

Judge Robert Bacharach of the 10th Circuit tells TVA appellate attorney Tim Kowal he likes the new citation parenthetical "(cleaned up)", seen in some appellate opinions and briefs (recently in a SCOTUS decision), because excessive ellipses and internal quotation marks can be distracting to the reader.

But take care not to abuse it by omitting or altering material that could be consequential: do not improve readability at the cost of your credibility!

(Me, I still don't like it. Still won't use it.)

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The Science and Rhetoric of the Written Word: An Interview with Judge Robert Bacharach

Ever wondered what a federal appellate judge thinks of your legal writing? Judge Robert Bacharach of the Tenth Circuit Court of Appeals told Jeff Lewis and me on the California Appellate Law Podcast. Judge Bacharach just published a book titled, Legal Writing: A Judge's Perspective. Judge Bacharach would like you to know:

✎ Writing clearly keeps your readers fresh and alert.

✎ A reader you've burdened with complex sentences and lots of acronyms may be too worn out to be persuaded by your arguments. The judge is willing to go on the journey with you. If you want the judge to arrive at the same place as you, take the straight paths: don't wear out your judge.

✎ The table of contents helps your readers orient themselves to your arguments so they can understand them and then – and only then – be persuaded by them. Yet only half of litigants make use of this highly effective tool!

✎ Next time you consider starting a sentence with "However," try "But" instead.

✎ Why do so many attorneys still think impugning their colleagues and the court is anything other than self-defeating?

✎ Beware of inserting humor and pop culture references into your briefs. Some federal judges employ them in their writing. But many federal judges do not. And at any rate: You are not a federal judge.

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Legal Writing Tips of the Day

A few good tips came across my desk this week. Use in good health. 1. Via Bryan Garner's LawProse (# 351): Before launching thoughtlessly into a grab-bag of arguments, tell […]

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FYI: Acronyms Are DOA

Senior Judge Silberman of the DC Court of Appeals is having none of your alphabet-soup acronyms: "The Agency and thereby the parties regularly use the acronym “ILEC” for Incumbent Local […]

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Cal Appellate News for Lawyers (Aug. 31, 2020)

TVA appellate attorney Tim Kowal publishes this weekly update of legal news for trial attorneys. In this edition: appellate tips on preliminary injunctions, summary judgments, and statements of decisions. And: appellate bonds... without collateral?!

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