Wednesday, October 05, 2016

On brevity

I read with interest the latest essay by Steve Emmert on his website, in which he discusses how the new federal rule will reduce the length of briefs allowed without leave of court, and also discusses the recommendation from Bryan Garner that a lawyer should "strive to halve your page limits." I also studied an article titled "The 5 Edits I Make Most Frequently," from ATL, written by the same fellow who wrote the Curmudgeon's Guide some years ago, one of my favorites, and this post by Jay O'Keefe on the right number of assignments of error.

These ideas are distilled in a joke that Wade Massie told me long ago, where the lawyer appears before the Court and apologizes, saying "I didn't have time to write a shorter brief."

Recently, in reply to my opposition to a petition for appeal, the other side cited my use of only "1/3 of [the] available word count," as the use of fewer words equals less merit. The shortest of arguments is often the best. "Brevity is enjoined," Rule 1:4 says, "as the outstanding characteristic of good pleading."

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