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Judges Push Brevity in Briefs, and Get a Torrent of Arguments

By ELIZABETH OLSON

OCT. 3, 2016

The Constitution of the United States clocks in at 4,543 words. Yet a number of lawyers contend that 14,000 words are barely enough to lay out their legal arguments.

That’s the maximum word count for briefs filed in federal appellate courts. For years, judges have complained that too many briefs are repetitive and full of outmoded legal jargon, and that they take up too much of their time.

A recent proposal to bring the limit down by 1,500 words unleashed an outcry among lawyers.

Lawyers in criminal, environmental and securities law insisted that briefs’ lengths should not be shortened because legal issues and statutes are more complex than ever.

As a result, the new word limit − which takes effect on Dec. 1 − will be 13,500 words, a reduction of only 500 words. And appellate judges will have the freedom to opt out of the limits.

The new limit may not provide much relief for judges deluged with verbose briefs.

While workloads vary, according to federal court data, the average federal appeals court judge, for example, might need to read filings for around 1,200 cases annually.

That amount of reading − especially bad reading − can thin the patience of even the most diligent judge.

Briefs “are too long to be persuasive,” said Laurence H. Silberman, a judge on the United States Court of Appeals for the District of Columbia Circuit.

In arguing against a reduction of words, the American Academy of Appellate Lawyers urged singling out “bad briefs” rather than only lengthy ones. It advised courts to “post on their court websites short videos outlining how to write a decent brief.”

Robert N. Markle, a federal appellate lawyer, has argued − in his own personal view, not the government’s − that the limit should be reduced to 10,000 words. In a typical case, he said, “nothing justifies even approaching, much less reaching or exceeding 14,000 words.”

Still, he acknowledged that the cut of 500 words “was at least a start.”

(Adapted from http://www.nytimes.com/2016/10/04/business/dealbook/judges-push-brevity-in-briefs-and-get-a-torrent-of-arguments. html?_r=0)