Formidable 7th Circuit Judge Richard Posner recently published in the winter edition of the legal journal "Green Bag" the delightfully readable first installment of a two-part article: What is Obviously Wrong With the Federal Judiciary, Yet Eminently Curable.
Appellate briefs. The bane of some lawyers, the boon of others, including me.
Confidential information. We know it when we see it, but we don’t always know what to do with it, especially when it’s an integral part of our client’s case.
An amicus curiae, or “friend of the court,” lives in a kind of appellate limbo.
In my most recent column’s discussion of ghostwriting, my personal recommendation was in favor of counsel’s disclosure of an attorney’s brief-drafting for unrepresented parties. That recommendation remains unchanged.
When an opposing party is pro se, I gird myself for his briefs. They’re typically long, disorganized, wandering and overwrought.
Drafting a Statement of the Issues is not my favorite part of preparing a Wisconsin Court of Appeals brief or any brief, for that matter.
Even when a brief technically conforms to the Court of Appeals’ briefing rules, unwary counsel still can be sandbagged by the decisional briefing rules.
I admit it. When I’m drafting a Wisconsin Court of Appeals brief, all I think about is substance.
Every legal specialty has its outliers -- those remedies or procedures that, because they are rarely available or appropriate, tend to shrink from the mind.
It sounds so simple: If a judgment or order “disposes of the entire matter in litigation as to one or more of the parties” and is properly entered or recorded (Sec. 808.03(1), Stats.), it is “final,” and the appeal time starts ticking.
Your client is being sued under a new or obscure Wisconsin statute, which has not been discussed in any reported or unreported cases. The statute contains no statement of its purpose, and its language could be read both to include and exclude your client.
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