It Seemed Like Such a Good Idea ...

Justice Beds' latest column in The Recorder is It Seemed Like Such a Good Idea ... In which our columnist ponders the sentiment conveyed by appellate lawyers who say "Your Honor, an argument could be made that . . ."

Whenever an attorney starts a sentence like that, I find myself wanting to interrupt and say, “By whom, counsel? Who could make this argument? Your barber? Your college roommate? Your cousin Vinny? Because it sounds like it’s not an argument you and your law firm want to put your reputation on the line for. It sounds like something you want to put in the mouth of some anonymous stranger.”

Along these same lines, see Oops! Kobach lawyer files document with all-caps notation 'Probably not worth arguing?'

Yesterday's DJ features 9th Circuit Judge Milan Smith in Early Threats to Federal Judicial Independence, a fascinating historical recounting.

Justice Moore's April 2018 Litigation Update (a publication of the California Lawyers Association Litigation Section) is available here.