More on delay and remotely wrong appearances

Today's DJ has Moskovitz on Appeals in On Justice Delayed, about the recent complaint filed against certain 3d District justices. His take? He's "concerned that by focusing on delay, we might shortchange the ultimate goal of an appeal, a just decision." "Sometimes -- not often, but not rare either -- appellate courts seem to be rushing to judgment, without doing the work needed to get it right." "what we see at oral argument sometimes reveals something about their work habits. Occasionally -- and I stress this: only occasionally -- it's clear to everyone in the courtroom that one or more of the judges are unprepared." His conclusion: "I share Jon's concern about how long it takes our appellate courts to decide cases -- and I admire his courage in speaking out about this issue, all by his lonesome. But I think I speak for most attorneys when I say, "Take the time you need to get it right. Slow justice is better than quick injustice.""

Today's DJ also has PJ Gilberts Under Submission column, Expedition vs. Excellence, about opinion writing and "picayune" phrasing peeves.

If one important issue decides the case, there is no need to answer every other issue raised. This is not a rule that should apply to all cases. On occasion, judicial opinions may require a historical and statutory analysis. But in general, an extended discussion is best left to the law professors.

Court of Appeal and Supreme Court justices are by definition professional writers. They all have their individual styles, but it is helpful to examine how the opinions of the mostly undisputed outstanding jurists of the past crafted their opinions. Whether you agree with the results or not, the opinions of Holmes, Cardozo and Traynor, to name a few, are mostly short and concise. 

As for remotely inappropriate court appearances, we've seen lawyers and clients appear for court in bed, shirtless, poolside, inside cars, closets, and garages. But this takes the cake: appearing from the OR? See Court: Doctor, Please Don’t Operate on Patients During This Zoom Trial.

[3/2 update: the DJ has Doctor performing surgery in Zoom court raises questions about decorum.]

Relatedly, Law360 has Fed. Circ. Judge Tells Attys Not To Slack Off On Remote Args in which "Federal Circuit Judge Raymond Chen on Friday said he's concerned some attorneys aren't taking remote oral arguments in front of the court as seriously as in-person hearings and urged them to grant the proceedings the same degree of gravitas."

Bloomberg's article is Make It Pithy and Other Lawyer Tips From a Federal Circuit Judge

• Using an analogy for your case at oral argument can help make it memorable and might even sway the judges in your favor, Federal Circuit Judge Raymond T. Chen said at an event on Friday.
• Each judge of the U.S. Court of Appeals for the Federal Circuit has about 15 or 16 cases to prepare for before a given court week, many of them on complicated patent issues.
• “If you can, distill your case down to some pithy, catchy analogy that helps me remember your case,” Chen suggested to practitioners. “And if you frame it right, you might actually induce me to think about the case in a way that’s favorable to you.”