Wednesday, August 10, 2011

Lawyers scolded for unprofessional writing

           The Fifth Circuit recently chastised two lawyers for verbally attacking a magistrate judge—and doing it with error-ridden language. Sanches v. Carrollton-Farmers Branch Independent School Dist. Here's a passage from the offending brief:

The Magistrate's egregious errors in its [ sic] failure to utilize or apply the law constitute extraordinary circumstances, justifying vacateur [ sic] of the assignment to [ sic] Magistrate. Specifically, the Magistrate applied improper legal standards in deciding the Title IX elements of loss of educational opportunities and deliberate indifference, ignoring precedent. Further, the Court failed to consider Sanches' Section 1983 claims and summarily dismissed them without analysis or review. Because a magistrate is not an Article III judge, his incompetence in applying general principals [ sic] of law are [ sic] extraordinary.

             The court characterized this passage as an “unjustified and most unprofessional and disrespectful attack on the judicial process in general and the magistrate judge,” and further denounced it as “so poorly written” as to be nearly indecipherable.  

(jdf)

http://lawprofessors.typepad.com/legalwriting/2011/08/lawyers-scolded-for-unprofessional-writing.html

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