Louisiana Civil Appeals

Plain language wins.

Does plain language in briefwriting translate into winning? It probably does. At least there is a correlation between use of plain language and winning. That’s the result of an empirical study of appellate briefs by Prof. John Campbell of the University of Denver Sturm College of Law. His conclusion:

We can’t prove from one study that style wins cases, but we can conclude that those who win cases most value writing style. Often, we spend a great deal of time on research, framing, and crafting argument. And we must do these things. But style matters too. Voiceless, passive, complex writing is a liability. Given that energetic, simple writing rules in the Supreme Court and even correlates with winning in the busy Ninth Circuit, we’d all do well to set aside some time to make our briefs read more like a Grisham novel and less like a statute. Judges and our clients will thank us.

To read an abstract of Prof. Campbell’s study and to download a PDF copy, follow this link.

Source: Campbell, John E., Writing that Wins: An Empirical Study of Appellate Briefs (July 31, 2017). The Colorado Lawyer, Vol. 46, No. 3, March 2017; U Denver Legal Studies Research Paper. Available at SSRN: https://ssrn.com/abstract=3011605.

La. CLE on Advanced Appellate Practice

If you’re reading this, then here’s some CLE you’ll be interested in: the LSBA’s Advanced Appellate Practice seminar, to be held in New Orleans on November 16. The coordinator, Tom Flanagan, has put together a great faculty that includes nine appellate judges, including Justice James Genovese of the Louisiana Supreme Court. I’ll be on a panel with Tom, Judge Regina Bartholomew Woods (La. 4th Cir.), and Judge Jude Gravois (La. 5th Cir.) to talk about professionalism. To see the entire lineup, follow this link.

Reminder of new briefing requirement in the 2nd Circuit

The current issue of the Louisiana Bar Journal includes a short but worthwhile article for anyone practicing in the Louisiana Second Circuit. Under new Local Rule 15, all appeal briefs must include the following certification:

I hereby verify that all attachments to this brief have previously been duly filed and/or accepted into evidence in the lower court, to the best of my knowledge, information and belief. I understand that failure to comply with this local rule may result in the refusal to consider said attachments. WILLFUL FAILURE TO COMPLY WITH THIS LOCAL RULE MAY SUBJECT ME TO PUNISHMENT FOR CONTEMPT OF COURT. 

Failure to comply with this rule will result in rejection of your brief. See Local Rule 2-5. Hal Odom, Jr., Focus on Local Practice: New Certification Required in 2nd Circuit, 65 La. B.J. 100 (Aug./Sept. 2017).

Of course, if you’re a regular reader of this blog, you already knew about this new rule. Still, Hal’s article is a good reminder.