Ruminations from the Bench: Brief Writing and Oral Argument in the Fifth Circuit

Essay by Honorable Jacques L. Wiener, Jr.

When, “during the early part of the century,” I was doing time on the Board of Student Editors of the Tulane Law Review, it contained only lead articles, comments, casenotes, and book reviews. “Essays” were rare indeed and seldom included in the mix (unless the Dean's Annual Report and writings of that ilk are considered essays). So I was intrigued as well as flattered to receive an invitation from the now-Editor in Chief to contribute one of several “so-called ‘essays' which are short articles without heavy footnoting.” In a moment of nostalgic weakness, I heeded the sentimental tug of my alma mater and accepted the invitation.

This essay represents one appellate judge's somewhat disjointed effort to articulate a few common-sense thoughts on drafting appellate briefs and preparing for and presenting oral arguments in our court. Although this essay may not be of much use to lawyers who are Fifth Circuit “frequent flyers,” lawyers who have not appeared before one of our panels, or who have done so only infrequently, may benefit from a few helpful hints.


About the Author

Honorable Jacques L. Wiener, Jr. United States Circuit Judge, Court of Appeals for the Fifth Judicial Circuit; J.D., Tulane Law School, 1961; B.A., Tulane University, 1956.

Citation

70 Tul. L. Rev. 187 (1995)