Court Holds That Wikipedia Entries Are “Inherently Unreliable”

On the Legal Writing Prof blog, Jim Levy noted today (hat-tipping BNA Internet Law News) that a court expressly rejected an appellant’s attempt to rely on Wikipedia.

In State v. Flores, an unpublished decision by the Texas Court of Appeals for the 14th District dated October 23, 2008, the court refused the appellant’s request to take judicial notice of a Wikipedia entry describing the “John Reid interrogation technique.”  The court reasoned in footnote 3 that Wikipedia entries are inherently unreliable because they can be written and edited anonymously by anyone.  The court relied on a recent article from the Wall Street Journal entitled Wikipedians Leave Cyberspace, Meet in Egypt, noting that the egalitarian nature of Wikipedia is both “its greatest strength and its greatest weakness.”

The Flores decision is also available on Westlaw and Lexis at, respectively, 2008 WL 4683960 (Tex.App.-Hous (14th Dist.)) and 2008 Tex. App. LEXIS 8010.

Which reminded me of another recent Wikipedia-related entry on that blog, a note about Lee Peoples’ article, “The Citation of Wikipedia in American Judicial Opinions.”

I haven’t read Peoples’ article yet, but I should, because this issue of the reliability of Wikipedia and its citation by courts has been bubbling up lately.  It think this Texas court was exactly right: “Wikipedia entries are inherently unreliable because they can be written and edited anonymously by anyone.”  I will admit that I sometimes read a Wikipedia entry if I want background information about a topic.  I do not think, though, that I would cite an entry as proof of anything in court.  What do you think?

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Marquette Legal Writing Professors Contribute to Column in Wisconsin Lawyer Magazine

Beginning with the current issue, the Wisconsin Lawyer magazine (a publication of the Wisconsin State Bar) will publish  a new column on legal writing.  The first contributor is the most experienced legal writing professor on the Marquette faculty, Jill Hayford.

As the magazine explains,

Through this new column, the legal writing faculty at Marquette University Law School and other contributors will help solve your vexing legal writing questions with practical guidance. 

Professor Hayford’s piece is entitled, “Style Books, Web Sites, and Podcasts:  A Lawyer’s Guide to the Guides,” and it offers up-to-the-minute information and advice about the available writing style manuals, websites, and pocasts for lawyers.  In a sidebar, the Wisconsin Lawyer invites questions or ideas for future columns about legal writing.  “Your question will be answered directly by the MU writing faculty and may appear in a future column.”  If you want to submit a question for the column via Wisconsin Lawyer, email wislawyer@wisbar.org, subject line:  legal writing.

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Document Design for Lawyers

Well, Typography for Lawyers, anyway.  An interesting website with lots of information about typography (basic, intermediate, and advanced) and an appendix listing typography rules for various courts.  That appendix links to a good essay on the Seventh Circuit Court of Appeals website, “Requirements and Suggestions for Typography in Briefs and Other Papers.”

Why care about typography and document design?  Well, as the site points out, citing the example of the infamous Palm Beach County butterfly ballot, the consequences of poor design and typography go beyond the “aesthetic.”

Hat tip to the Legal Writing Prof Blog (hat tipping Ruth Anne Robbins, author of a fantastic article on typography and document design, also available on the Seventh Circuit website).

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