Third Circuit Court of Appeals Judge Ruggero J. Aldisert, author of the excellent Logic for Lawyers, recently updated his book on judicial opinion writing. I've just ordered a copy, which I'll review once it's read.
Why should lawyers read a book on opinion writing? Some judges - unlike Richard Posner - actually try applying the law when writing an opinion. One understanding of brief writing lawyer-as-law-clerk. Namely, when writing a brief, help the judge write the opinion. Drop in language that a judge can copy-and-paste into her opinion. What language does a judge want to see? That's explored in Opinion Writing.
Plus, Opinion Writing teaches empathy. Judge Aldisert's previous writings - and Opinion Writing - focus on the busy appellate judge. They don't have time to read every stupid word in the briefs. How can you help a judge bring justice to your client if you don't understanding a judge's job and pressures?
Some will say: "Judges don't follow the law! Who cares about this stuff!?" Often that is true.
Even so, sometimes judges will engage in outcome-based reasoning to help you. If they are busy, and you don't show them the way to dress up their judicial activism in law: Will you really be more likely to win?
