# Court Attorney's recommendation to judge

**URL:** <https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982>\
**Category:** Factual Questions\
**Created:** [June 27, 2011, 3:04am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982 "2011-06-27T03:04:15Z")\
**Posts on this page:** 12\
**Page:** 1

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**Author:** ![Anchuldigs](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Anchuldigs](https://boards.straightdope.com/u/Anchuldigs)\
**Post date:** [June 27, 2011, 3:04am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/1 "2011-06-27T03:04:15Z")

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What is the name of the document submitted by a court attorney to his judge that contains a summary of facts, arguments, recommendation on ruling, and sample decision?

If I drafted one of those how would I write it into my resume?

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**Author:** ![Spoons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spoons/32/3141_2.png) [@Spoons](https://boards.straightdope.com/u/Spoons)\
**Post date:** [June 27, 2011, 3:19am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/2 "2011-06-27T03:19:30Z")

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A brief or a factum?

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**Author:** ![Anchuldigs](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Anchuldigs](https://boards.straightdope.com/u/Anchuldigs)\
**Post date:** [June 27, 2011, 3:34am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/3 "2011-06-27T03:34:55Z")

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Well I guess it is a brief prepared by the appellate court’s attorneys (the guys who really make the law) for the judges deciding the case. The brief contains a summary of the facts, a summary of the litigants’ arguments, a summary of the relevant case law, a recommendation to the court on how to rule, and finally a suggested decision.

If I were to write one of those, what would I call it and how would I describe it on my resume?

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**Author:** ![Anchuldigs](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Anchuldigs](https://boards.straightdope.com/u/Anchuldigs)\
**Post date:** [June 27, 2011, 3:37am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/4 "2011-06-27T03:37:04Z")

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Edit: double post. Sorry

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**Author:** ![Spoons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spoons/32/3141_2.png) [@Spoons](https://boards.straightdope.com/u/Spoons)\
**Post date:** [June 27, 2011, 4:29am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/5 "2011-06-27T04:29:12Z")

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> [@Anchuldigs](#):
>
> Well I guess it is a brief…
> 
> If I were to write one of those, what would I call it and how would I describe it on my resume?

I’ve never seen a single brief listed on a resume (never heard of it, actually), but I guess it would be something like the following:

Appellant’s (or Respondent’s) Brief author, _Smith v. Jones_ [legal citation].

Or (especially on a resume), you might use:

Wrote appellant’s (or respondent’s) brief, _Smith v. Jones_ [legal citation].

You may want to consult with a lawyer about the correct legal citation to use for your particular instance.

I’m curious–why do you want to include your authorship of a brief on a resume? I could (sort of) understand it if you were a law student–are you?

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [June 27, 2011, 4:34am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/6 "2011-06-27T04:34:33Z")

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> [@Anchuldigs](#):
>
> Well I guess it is a brief prepared by the appellate court’s attorneys (the guys who really make the law) for the judges deciding the case. The brief contains a summary of the facts, a summary of the litigants’ arguments, a summary of the relevant case law, a recommendation to the court on how to rule, and finally a suggested decision.
> 
> If I were to write one of those, what would I call it and how would I describe it on my resume?

Bench memoranda are prepared by the court’s research staff—that is to say, their (judicial) clerks.

They don’t usually recommend, at least in my experience, an outcome (“You should affirm.” “You should find for the appellees.”) as this would be seen to be an unseemly invasion of an area absolutely and exclusively reserved to the judge(s).

If you were a clerk who had prepared a bench memo, you wouldn’t need to ask the SDMB for the appropriate nomenclature.

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**Author:** ![Anchuldigs](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Anchuldigs](https://boards.straightdope.com/u/Anchuldigs)\
**Post date:** [June 27, 2011, 4:43am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/7 "2011-06-27T04:43:58Z")

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Bench Memo! Thank you!

At the court I’m interning at the court attorneys do make a recommendation. They even write a draft decision for the judges.

I haven’t been there in two weeks because they temporarily farmed us out to the lower courts. Hence the memory loss.

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**Author:** ![Spoons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spoons/32/3141_2.png) [@Spoons](https://boards.straightdope.com/u/Spoons)\
**Post date:** [June 27, 2011, 4:52am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/8 "2011-06-27T04:52:35Z")

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> [@Anchuldigs](#):
>
> Bench Memo! Thank you!

Okay, I’m waaay off. 🙂 I think that **Kimmy** can help you better. Good luck!

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**Author:** ![Anchuldigs](https://avatars.discourse-cdn.com/v4/letter/a/ed8c4c/32.png) [@Anchuldigs](https://boards.straightdope.com/u/Anchuldigs)\
**Post date:** [June 27, 2011, 5:11am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/9 "2011-06-27T05:11:42Z")

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Ok, so how about:

• Performed legal research, prepared bench memorandum, and drafted opinion for a lead paint liability appeal

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [June 27, 2011, 5:42am UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/10 "2011-06-27T05:42:46Z")

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Are the people reading your resume going to care about what sort of product liability case it was?

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [June 27, 2011, 1:26pm UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/11 "2011-06-27T13:26:18Z")

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> [@Anchuldigs](#):
>
> Ok, so how about:
> 
> • Performed legal research, prepared bench memorandum, and drafted opinion for a lead paint liability appeal

Depending on the terms of your clerkship with the judge, that may be too much information - is there a confidentiality clause? if so, you should be cautious about stating exactly what cases you worked on.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [June 27, 2011, 2:19pm UTC](https://boards.straightdope.com/t/court-attorneys-recommendation-to-judge/586982/12 "2011-06-27T14:19:21Z")

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Yes, it’s a bench memo. Ask the judge if you’re unclear as to how much you can reveal about your work. If you don’t name the parties, I doubt there’ll be a problem.
