Vol. 11, No. 5, Pg. 42. A Few Brief Comments.

• Author: By the Hon. C. Tolbert Goolsby Jr.

South Carolina Lawyer

2000.

Vol. 11, No. 5, Pg. 42.

A Few Brief Comments

42A Few Brief CommentsBy the Hon. C. Tolbert Goolsby Jr.* RULE 1. LENGTH. Keep the brief to 15 pages or less. Comment: Treat a brief as you would a credit card-stay well below its limit.

* RULE 2. FONT. Use 12-point type. Comment:Get the picture?

* RULE 3, RULES. Follow the appellate rules. Comment: If you don't follow them, they will come after you.

* RULE 4. VERBS. Use active verbs.

Comment: Passive verbs are not combat-ready.

* RULE 5. QUOTES. Don't block-quote material. Comment: A brief is not a tire to be inflated.

* RULE 6. STANDARD OF REVIEW. Know the standard of review. Comment: Angels in heaven can't change a jury's findings of fact in a law case.

* RULE 7. EXCESS LAW. Don't expound on law you know the court knows. Comment: Any baseball umpire knows the threestrikes-you're-out rule.

* RULE 8. ARGUMENTS. Keep arguments simple. Comment: You are the dentist and the court is the patient-make the experience as painless as possible.

* RULE 9. NAMES. Use the parties' names, not their designations. Comment: In all of history, no parent ever named a child "Appellee." (I don't think.)

* RULE 10. RECORD. Don't mischaracterize the record. Comment: It's probably bad enough as it stands.

* RULE 11. SENTENCES. Use simple sentences. Comment: "A cat ate a bird" reads easier than "A feline animal ingested a meal, and it consisted of a robin."

* RULE 12. PARAGRAPHS. Keep paragraphs short. Comment: Give a fella a break.

43* RULE 13. PERSONAL ATTACKS. Don't snipe at opposing counsel or the trial judge in the brief. Comment: A remand might bring you together again.

* RULE 14. ACRONYMS. Don't use acronyms. Comment: According to the Guinness Book of Words, the world's longest acronym is (you guessed it): NIIOMTPLABOPA-RMBETZHELBETRABSBOMONI-MONKONOTDTEKHSTROMONT

* RULE 15. TITLES. Drop title abbreviations such as "Dr." or "Mr." after introducing a party or witness. Comment: A Dr. Rose may be a chiropractor, but a Rose is a...