Guide to Legal Writing,
Appellate Practice
Dec. 2, 2024
My short briefs
Most appellate briefs are too long, with lawyers trying to use up as much of the 14,000-word limit as they can. A shorter brief might have a better chance of winning.
No, this is not an exegesis of my preferences in men's underwear.
It's about a problem I've long noticed: most appellate briefs are simply too long.
Here's a trick I once played on my son. My opponent's appellate brief arrived, and I printed it out. I then held the brief face down, closed my eyes, appeared to concentrate deeply for a few moments, and then intoned "Abracadabra" and proclaimed: "Ari, this brief contains about 13,990 words. Now take the brief, turn to the word count page ...
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