FWIW, a short(ish) thread of my unsolicited 2¢ as to one particular corner of #AppellateTwitter best practices as I see it, on which I appear to differ from at least a portion of my friends & colleagues—all of whom I respect & admire:

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And my deep thoughts here are not meant as a specific rebuke to anyone in particular but instead as a broader observation after having been on this little app for more than a decade.

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In every social media presentation I’ve ever given, I encourage attorneys to be deliberative about the 240-character press releases we post on this platform as they very well could become deposition or trial exhibits against either us or our clients.

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But the judiciary reads our posts too—either directly because they are our friends and/or follow us, or second-hand by a clerk or a colleague who forwards them or otherwise relays their content.

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Accordingly, several reasons seem apparent why we appellate lawyers—who generally are a more relatively collegial & respectful lot—should be reticent to publicly criticize or mock the writing of judges or justices before whom we currently or will represent clients:

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First, our chosen avocation necessarily elevates the interests of our clients above our own personal opinions.

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Therefore, we should be diligently cognizant of the possibility that, when we publicly denounce a judge or justice’s given writing, our speech in at least some part adheres to our clients—most often without their consent.

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Second, regardless of what partisan initial is behind a judge or justice’s last name (in states like Texas where we elect our judiciary in partisan elections) or that of the President who nominated them (on the federal bench), …

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I am particularly reluctant to publicly castigate any judge or justice because those elevated to the judiciary either by the electorate, a Governor, or a President are likely more accomplished & qualified than I am or perhaps ever will be.

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Third, it strikes me as profoundly unwise practically to publicly demean or impugn a judge or justice from whom I will at some point be asking to vote in favor of my clients’ interests.

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To be sure, it’s never been my experience that judges or justices actually crassly scorekeep in such a fashion, but it nevertheless strikes me as an unnecessary bargain to make my clients bear the risk of hoping whatever panel we’re before does not.

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At bottom, Twitter is forever. The risk that a judge or justice’s memory is too should not be borne by our clients.

As appellate lawyers, we are—and should always endeavor to be—better than that.

#AppellateTwitter

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