The ABA Journal noted yesterday that Justice Donald Lee of Court of Queen’s Bench compiled opinions on two related matters last year by precisely copying portions of briefs submitted in the matter. The Court of Appeals observed:
Every one of the paragraphs in the [Reasons for Judgment] was extracted essentially verbatim, from the chambers briefs…. There is no independent authorship. Even spelling mistakes in the briefs are faithfully carried forward.”
The Court of Appeals was unwilling to rule on the appeals in those issues based on the fact that Judge Lee had not actually laid out his reasoning for his conclusions.
Yet another reason to take seriously your reasoning and proper grammar and punctuation when drafting court filings—your words may become the judge’s opinion.
Read Appeals Court Calls Opinions Copied From Lawyers’ Briefs Mystery Rulings, Tells Judge to Try Again at ABA Journal.
(photo: Shutterstock: 81277078)
Graham Martin is an attorney in Minneapolis, focusing on contracts. He runs the Pro and Contracts blog, and would like to become a senior partner in a law firm without being an associate first. If you have an in, you should take it first, but give him a heads-up as well.
