3 Eugene Volokh also has run the Westlaw and Lexis numbers and has confirmed that "pled" gets more hits: http://www.volokh.com/2010/11/12/horace-and-westlaw/.
4 See Evan Jenkins, "Pleaded Guilty: A Modest Plea," in Columbia Journalism Review, at http://www.cjr.org/resources/lc/pleadguilty.php.
5 See World Wide Words Newsletter, Saturday 11 April 2009.
6 See, e.g., Garner's Modern American Usage 682 (third edition, 2011) (favoring "pleaded" and collecting a number of sources that do the same); The New York Times Manual of Style and Usage 263 (first revised edition); The Associated Press Stylebook, 215 (2011).
7 Above the Law's David Lat has made the same point: http://abovethelaw.com/2008/01/a-random-friday-poll-pleaded-or-pled/.
8 For a great discussion of Posner's and Easterbrook's writing, check out Brian J. Paul's "Toward a More Impure Writing Style: The Opinions of Judge Posner and Chief Judge Easterbrook and What the Bar Can Learn From Them." It's available at http://www.icemiller.com/pdf/judge_posner_and_chief_judge_easterbrook_and_what_the_bar can_learn from_them .pdf.
9 "Careful speakers use pleaded." Frank H. Vizetelly, A Deskbook of Errors in English, 167 (1906) (quoted in Garner's Modern American Usage at 682).
10 Readers may register their view on the Daily Report's Web poll at http://www.surveymonkey.com/s/ZF22FCD .
11 We can provide examples of offending opinions and briefs upon request.
Ask the Supremes: A quick Westlaw search reveals that the Supreme Court has used "pleaded" in over 3,000 opinions, "pled" in only 26and in some of those 26 opinions, the Court was quoting someone else.
Brian Boone is a senior litigation associate at Alston & Bird and, as he likes to say it, is a more handsome, conservative John Chandler. John is a Democrat. Brian is a Republican. Both love crack writing. John Chandler is a senior litigation partner at King & Spalding and a fellow of the American College of Trial Lawyers.