Friends, Fam, Countrymen, Fellow Lawblrs, lend me your supersonic hearing ears...
If you ever find yourself writing a brief, no matter which side you are on, in a case before an Appeals Court... Please, for the love of GOD, do NOT write like an insufferable know-it-all.
First of all, it is an epic pain in the ass to read. Seriously, it’s funny for about the first 12-14 minutes, and then it will start making whatever law clerk is reading it want to claw your (and also their own) (but mostly your) eyes out. Our eyesight is already atrocious enough, we don’t need to blind ourselves eye rolling over nonsense; that will just make us more crabby with you. It also makes it incredibly tempting to ask during oral arguments what it’s like to have your head so far up your ass you can lick your own colon. I mean you’re practically a Modern Medical Marvel... I’ve truly never heard of anyone being able to give themselves a colonoscopy.
B of all, I know this will never happen to a single one of you, but on the slight, off chance that you are wrong, you are not doing yourself any favors, making us want to cut you any slack, or encouraging us be generally nice/civil to you in our opinion in any way, shape, or form. Chances are, an Appeals Court Judge is going to carpe diem tf out of any chance to tear you a new asshole. You already have one asshole to shove your head up, you don’t need any more. That would just be overwhelming... Your dickishness totally makes us want to be a dick to you, kinda makes judges want to be a dick to you, and is pretty much guaranteeing opposing counsel will probably be a dick to you. Just, don’t give us so much material; no one needs this much material.
And finally, ngl, it really comes off as unprofessional. You went to law school, you passed the bar, you are a licensed attorney, you probably have a drinking and/or drug problem, you have learned and forgotten what the difference between a trust and an estate is, you have survived and out lived all the gunners in your classes, you have seen some shit. I have the utmost faith that you are capable of making your arguments without sounding like you are giving a condescending Ted Talk or part of a contemptuous rap battle... I BELIEVE IN YOU!
I know that facing off in front of an Appeals Court can be nerve wracking and also annoying, you know what you’re doing and you are going to be just fine. My (totally unprofessional, completely unsolicited, seriously sleep deprived, way over caffeinated) advice: Be as generally pleasant and respectful as possible, know your audience, read the room, take pity on the sanity of poor law clerks everywhere, and ffs just be cool.