Tuesday, May 10, 2022

Can't be said too many times

Law360 has Keep It Short and Simple, Justices Advise Appellate Attys:

  • The U.S. Supreme Court's chief justice and its longest-serving justice say they're more likely to be impressed by attorneys who keep their arguments simple and their briefs concise, especially those who don't reach page limits.
  • Chief Justice John G. Roberts Jr. and Justice Clarence Thomas shared some tips for appellate lawyers while speaking to hundreds of attorneys and judges at the Eleventh Circuit judicial conference in Atlanta on Thursday and Friday, respectively. They encouraged lawyers, when making their cases, to put themselves in the shoes of a judge, avoid overcomplicating the issues and be honest.
  • The chief justice said a "generalist" lawyer, as opposed to a specialist one like a patent attorney, is sometimes better at oral argument, because generalists are less likely to talk above the justices' general understanding of the issues. It's not about "dumbing down" arguments for the court, but rather about appreciating the perspective from the bench, he said.