by John Steele//Legal Ethics forum
Howard Shipley, of Foley & Lardner, responded to the order from SCOTUS that he explain the unorthodox amicus brief that he had filed on behalf of an apparently demanding and idiosyncratic client in a patent case. The amicus brief was jargon-filled, odd in its rhetorical style, and full of super-condensed references. It also suggested that the client was a significant author of the piece — which SCOTUS guidelines suggest should not be included in briefs.
Shipley’s response, available below, politely affirms the right of Shipley to file such an amicus brief and suggests that a technical error (i.e., acknowledging the client’s participation in the drafting) should not be grounds for sanctions. (h/t: How Appealing)
What I find particularly interesting is the way that Shipley’s response, authored by Paul Clement, discusses the balance between the lawyer’s duties to the client and to the court.