Chief Justice John Roberts on hacking through the jungle of a bad brief with a machete

In the following interview, Chief Justice John Roberts contrasts reading a bad brief, which he likens to hacking through a jungle with a machete in an attempt to get to the point, with reading a good brief, which allows the reader to put his arms around the argument to see if it works.  With metaphors like these, it’s no wonder that he became Chief Justice.  Check it out:

 

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To blog of legalese

“The time has come,” the lawyer said,
“To blog of legalese:
Of headings—and quotes—and citations—
Of orders and decrees—
And why law prose is frightfully dull—
And whether the brief will please.”

In 35 years, progress?

“There are two things wrong with almost all legal writing. One is its style. The other is its content. That, I think about covers the ground.” Fred Rodell, Goodbye to Law Reviews, 23 Va. L. Rev. 38, 38 (1936–1937) “Legal writing by federal judges and the lawyers who appear before them is today generally serviceable, in the sense of being pretty clearly written, pretty careful, businesslike, grammatical.” Richard A. Posner, Legal Writing Today, 8 Scribes J. Leg. Writing 35, 35 (2001–2002) (emphasis in original).