Home Criminal Defense Filing A Document Shouldn’t Be Harder Than Inventing A Smartphone

Filing A Document Shouldn’t Be Harder Than Inventing A Smartphone


Of all of the potential federal courtroom reforms to pursue, cleansing up submitting necessities ranks pretty low. Supreme Court justices don’t adhere to any outlined set of ethics, transparency is nearly non-existent, and the system is designed to disfavor age and experience in favor of selling youth and inexperience to exert useless hand presidential legacies for many years.

But even when submitting papers isn’t as weighty as these issues… this nonsense is out of hand.

That’s University of Missouri School of Law’s Professor Dennis Crouch, creator of the the Patently-O weblog, doing slightly spot checking of the Federal Circuit and discovering the incidence of attorneys being pressured to refile at precisely 100 %.

This is admittedly a small pattern dimension, however the odds that 10 consecutive appellate attorneys are operating slapdash operations strains credulity.

Thankfully, Professor Crouch didn’t cease at 10:

Remember, that is the Federal Circuit we’re speaking about, one of many final locations within the federal judiciary to seek out professional se litigants and N00b attorneys. It boasts probably the most specialised bar in the entire system and attorneys are nonetheless consistently getting dinged.

Is it one thing distinctive to the Federal Circuit? Do they only have a extra technical learn on submitting necessities as a result of they’re all tech geeks in robes? There does appear to be one thing to the argument that this can be a bit parochial, and maybe the Federal Circuit — due to its distinctive place within the system — guards the exclusivity of its bar by taking part in up as many byzantine native wrinkles as potential. But whereas native and particular person guidelines all the time introduce mischief into the method — and smack of a way of judicial entitlement that’s problematic on a complete different degree — the “invisible” native rule takes this to a brand new degree:

“Does not actually require this.” That’s the chef’s kiss on this.

This is unacceptable for any courtroom. Enforcing basic uniformity in submitting helps courts effectively contemplate arguments, however when it will get to the extent of “you put a blank where you meant ‘N/A’ so we’re rejecting the whole filing,” it’s only a courtroom unnecessarily jacking up shopper charges by forcing attorneys to sacrifice priceless time crafting substantive argument to play arbitrary gatekeeper video games. And earlier than anybody says, “it’s not costing clients because lawyers shouldn’t charge for redoing the work,” I’m not even speaking about that. Lawyers are billing purchasers further to cross all these capricious “T”s as a way to file it proper the first time.

And this goes for the complete courtroom system. We’ve mentioned earlier than how technical filing rules discourage pro se filers, an issue that’s solely going to worsen as hiring authorized counsel turns into much less and fewer accessible to an increasing number of individuals. It’s additionally an impediment for professional hac counsel. Sidney Powell’s struggles to file a metric tonne of rubbish on the federal courts were funny, however it most likely shouldn’t be that tough for a former federal prosecutor to get a paper filed.

Again, this will not be the largest drawback within the judiciary, however it could be the one one what place we will generate some fast and straightforward bipartisan help. So please, we’re begging you, do one thing about this.

And if anybody is pondering of citing this text in a proper request of the powers that be, keep in mind to think about any particular native or particular person guidelines earlier than you do.

Punctilious Docketing Review [Patently-O]

HeadshotJoe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any suggestions, questions, or feedback. Follow him on Twitter for those who’re interested by legislation, politics, and a wholesome dose of faculty sports activities information. Joe additionally serves as a Managing Director at RPN Executive Search.


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