The Briefing Room: September 2025

Our Annual Legal Writing Subscription Plan—Now Open for Enrollment

We are thrilled to continue building on the excitement from last month’s announcement: our new annual Legal Writing Subscription Plan is officially up and running! This program is designed to give attorneys consistent access to high-level feedback, expert insights, and trusted support from our Legal Writing Practice Group all year long. Whether the goal is to sharpen advocacy, lighten the workload, or capture the attention of judges and clients with persuasive writing, this subscription is the next step for anyone serious about elevating their practice.

For $495 per year, subscribers gain full access to our flagship suite of benefits: (1) a 30-minute monthly consult call with one of our lead legal writing attorneys; (2) our exclusive newsletter, “The Briefing Room Insider,” packed with actionable AI-driven writing guidance, a monthly sample of a successful—always de-identified—filing from our archives; and (3) and one comprehensive writing audit annually with hands-on feedback tailored to individual style and goals.

Ready to join? We will be sending an invitation out shortly with instructions on how to sign up.

Join Our Free Virtual Event: AI and Legal Writing—Elevate Your Practice

To celebrate Legal Tech Month, Neven Selimovic and Brendan Kenny are hosting a free virtual event on October 15, 2025, from noon to 1 pm CST. This practical program is designed for attorneys ready to transform their writing habits using artificial intelligence. We will be sending an invitation shortly so you can sign up for this event.

Discover how AI is reshaping expectations for time, productivity, and cost—not only among clients and firms, but also in the eyes of the judiciary, where concerns about accuracy and reliability are front and center. Attendees will experience hands-on demonstrations of the most effective generative AI platforms for lawyers, then dig in with interactive writing exercises tailored to briefs, subpoenas, agreements, pleadings, and more. The event will give actionable strategies to harness AI for refining writing style, crafting more persuasive arguments, and producing cleaner, more efficient legal documents—all with transparency and integrity.

As a special offer, anyone registering for this event or The Briefing Room’s free newsletter by October 31 will receive a complimentary issue of The Briefing Room Insider—our premium, subscriber-exclusive newsletter. Unlike The Briefing Room free newsletter, The Briefing Room Insider delivers advanced, practice-driven content, including real-life legal documents, detailed writing audits, and actionable drafting tips. Going forward, The Briefing Room Insider will be for paid subscribers only—so take advantage of your chance to get a sneak-peak!

Unlock the power of AI for your legal writing!

FEATURED POST: The 22nd Edition of the Bluebook—The Major Changes!

The 22nd edition of the Bluebook, released in May 2025, brings several major changes that modernize legal citation practices, particularly around technology, archiving, and expanding rules for new types of sources. Some even say it is the most substantial change in over a decade. Here are some of the bigger changes:

BIG CHANGE TO RULE 18: AI and Internet Source Citations

Rule 18 now contains 12 subsections (up from 9), each explicitly devoted to different types of electronic media, such as streaming, social media, blockchain, and generative AI.

AI-Generated Content (Rule 18.3): AI-generated content must now be cited with a PDF or screenshot, explicit identification of the AI model, and a permanent archive link to ensure reliability; mere URLs are no longer enough.

Archiving for internet sources is now required (not merely encouraged), mandating a Perma-style archive or a statement that a PDF is “on file.”

BLUE PAGES: Signals and Parentheticals

There are several changes to the Blue Pages, the biggest being:

  • 2 Signals: Introduction of a new “contrast” signal for citations where opposing authorities strengthen a proposition by opposition instead of simple comparison.
  • 3 Quotations: The trendy parenthetical “(cleaned up)” has been replaced by “(citation modified)” for quotations tidied of internal quotes, ellipses, or brackets.

Statutes, Case Law, and Abbreviations

There is greater acceptance of citing authenticated electronic versions of statutes, especially for states or jurisdictions that no longer publish print versions. The rule now acknowledges that the official code may exist only online in some jurisdictions, and citations should reflect that reality.

  • Rule 12.5(a): This rule has been changed to require citation to the publisher—not just the database—when referencing statutes available on online platforms. When citing statutes from databases like Westlaw or LexisNexis, the name of the publisher must now precede the database in the citation.
  • 9.4: Abbreviation requirements have been updated. For example, the American Law Institute is now abbreviated as “A.L.I.” instead of “Am. L. Inst.” These and other institutional name changes are reflected in Rule 12 tables for statutory and code sources.

NEW RULES: New Source Types and Jurisdictions

Rule 22 introduces full guidance for citing materials from Tribal Nations, treating them explicitly as sovereigns with parallel citation formats.

Rule 23 adds comprehensive instructions for citing archival sources. It applies to citing archival sources. It provides detailed guidance on how to cite historical documents, materials in archives, objects, and other sources not traditionally found in digital databases or standard publication formats. This mainly includes: (1) historical documents created before the internet era, (2) documents where a digital version no longer exists, and (3) physical objects and items housed in archives.

Clarified and Expanded Tables

Tables of abbreviations and local rules have been revised, making short forms and jurisdictional distinctions easier to identify, and now updated regularly online.

Practical Impact

The changes in the 22nd edition of the Bluebook were driven by the need to keep legal citation practices current, accessible, and precise, as the profession rapidly adapts to new research realities and source types. The editors responded to the expanding array of digital, AI-generated, and indigenous legal materials by substantially revising old rules, introducing new ones, and addressing ambiguities that had frustrated modern practitioners.

The new edition makes citation standards more practical by recognizing how attorneys and scholars now regularly interact with online resources, authenticated electronic codes, and new forms of legal authority—from podcasts to social media and even blockchain records. There is an increased focus on permanence and transparency; web and AI-based citations must be supported by archival links or explicit “on file” designations to counter “link rot” and the fluidity of generative outputs. Meanwhile, new rules for citing Tribal Nations and archival materials show an intent to respect sovereign legal traditions and historical sources, bringing greater inclusivity and accuracy to legal scholarship.

Notable LinkedIn Posts and Comments

September’s Cool (and Not Necessarily New) Tech Tool and Recommend

Tool Vault

The Tool Vault is a curated directory focused on providing high-quality AI tools, with selections based on personal testing, online reviews, and user recommendations. As the AI landscape evolves rapidly, the site notes that new tools emerge and older ones may disappear frequently, emphasizing the importance of user caution and discernment in tool selection. This resource aims to help users find effective AI solutions while navigating a shifting and sometimes unpredictable tech environment.

Podcast/Media of the Month

E153: Using AI to Bridge the Justice Gap in Texas | Joe Stephens, Texas Appellate Law Podcast

The world of public defense struggles with scarce resources and heavy appellate workloads. Joe Stephens sees AI as a force that can ease both pressures and narrow the justice gap. Drawing on his roles as chief public defender at the Caprock Regional Office, consultant for Steno with its AI-powered “Transcript Genius,” and lecturer at Texas Tech Law, Stephens shares his views with hosts Todd Smith and Jody Sanders. He reflects on using AI in a pro bono civil-rights case and offers takeaways on the new Texas Responsible Artificial Intelligence Governance Act.

Patrick Hagen’s legal writing tips for the LinkedIn masses, The California Appellate Law Podcast

Patrick Hagen may favor Times New Roman, but with 36,000 LinkedIn followers, he has become a leading voice on legal writing. He joins Jeff and Tim to explore the origins of his viral tips, the impact of his clerkships, and strategies for strong writing under firm pressures. Along the way, they tackle when (if ever) to use “axiomatic,” whether AI tools sharpen or weaken prose, how criticism can stay gracious, and a rapid‑fire round on fonts, spacing, commas, and “Comes now….”

When Copy & Paste Gets Costly, & other recent cases, The California Appellate Law Podcast

Is skipping citations careless or plagiarism? Jeff and Tim spar. And should the Supreme Court explain its de‑publication moves? PJ Gilbert and Tim argue yes, Jeff no.

Topics include: sanctions for copying CLE articles, Gilbert’s continued critique of silent de‑publication, fee risks in Gammo v. Morrell, $105k sanctions in Atlantic v. Baroness, fee‑statute pitfalls in Martin v. Hogue, Gibson Dunn’s $1.8M billing in LA homeless litigation, whether ChatGPT could testify against you, and how AI is reshaping billing, ethics, and appellate practice.

Law Journal Articles

Yikes! The Bluebook’s Generative AI Rule is Flawed

Hardwiring Hercules?

Responsible AI Management: Evolving Practice, Growing Value

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