From the Bench - 12/05/08

"In closing, we note that this case highlights the need for counsel’s conscientious and careful review of written legal materials prior to court submission. While this is not a school, and we are not grading papers, hardly a page of material in support of the appeal passed without a spelling or grammatical error--or both. Our concern is for a persuasive case on behalf of the client, one that can be readily understood by opposing counsel and the court. A brief that is difficult to comprehend not only consumes more time, but also may be somewhat less than persuasive. We hope that this serves upon counsel ready notice of the problem and the responsibility to correct it. AFFIRMED."

--Smedley v. Corrections Corporation of America, 2005 WL 3475806 (10th Cir. 2005).