We do not wish to be understood as objecting to the time-honored phrase, but upon reflection, we’re not sure that it really serves a useful purpose.
апреля 17, 2022 at 10:00 AM
By Law Journal Editorial Board | апреля 17, 2022 at 10:00 AM
With the advent of spring, we got to thinking about some of the “lighter” questions confronting our profession. One such question is whether anything of importance is accomplished by starting an argument before an appellate court with, “May it please the Court.” What is accomplished by those words? Is it a lawyer’s way of expressing the hope that the words that follow will be a source of satisfaction to the judges? If so, it likely is a waste of time. The court will or will not be pleased by the arguments set forth in the briefs previously submitted.
Some time ago, Judge Jon O. Newman of the U.S. Court of Appeals for the Second Circuit expressed the view that the words, “May it Please the Court” may be the only words uttered by the lawyer that are not immediately challenged. We do not wish to be understood as objecting to the time-honored phrase, but upon reflection, we’re not sure that it really serves a useful purpose. It is doubtful that any presiding appellate judge will admonish a lawyer for saying those words, but on the other hand, it might be worthwhile to just say, “Good Morning” or “Good Afternoon” (as the case may be). In the final analysis, who knows what will please the court? We hazard the answer that shorter briefs with fewer points might be a start.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
