An Appellate Rewrite
Posted on November 24th, 2009
The large part of an appellate lawyer’s practice consists of writing. And one way to improve one’s writing is reading. Thus I read lots of briefs written by the all-so-famous lawyers in town in order to improve my own writing and communication skills. Frankly, since I started this practice, it’s been a lot of hit-and-miss. Take this sentence from one of the all-too-famous lions of the criminal appellate bar: Appellant received ineffective assistance of counsel during the investigation of this case which severely prejudiced the Appellant resulting in his being denied the full benefit of his cooperation with the government. The sentence violates a large number of Bryan Garner’s rules of writing and then some. I did a quick re-write: Smith’s lawyer’s performance during…