On the necessity to cross-appeal
How to prepare for oral argument

How not to write the opener for your next brief.

When I first started practicing law in 1990, it seemed that every paper filed in any court began with the verbiage “Now into court, through undersigned counsel, comes ....” If your pleadings, motions, and briefs begin this way, stop it. If you write anything to be filed in any court, read Mark Herrmann’s latest piece at Above the Law, and my own gloss on it at The (New) Legal Writer.

If you think that Louisiana judges like the “comes now” opener, think again. Bryan Garner once polled judges in Louisiana and three other states, and found that 0ver 80% of them prefer a more direct, more substantive opener. See Garner’s Dictionary on Legal Usage 176 (3d ed. 2011). 


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