“It is essential in any form of writing,” wrote 7th U.S. Circuit Court of Appeals Judge Richard A. Posner in “The Federal Courts: Challenge and Reform,” “to know who your audience is.” The audience of a litigation brief includes the judge, the client and opposing counsel, plus other lawyers at one’s own firm and possibly the media.
An often overlooked audience member, however, is the law clerk. Thousands of them serve judges across the country. Clerks not only draft opinions, they prepare jury instructions and may influence judicial decisions in discovery and evidentiary disputes. Given the important role clerks play, overlooking them in crafting litigation briefs puts the client’s interests at unnecessary risk.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
