Saturday, May 11, 2024

LITIGATION EXPERIENCE MATTERS (2)

 ON HOW TO WRITE BRIEFS:

  1. Be brief.
  2. Edit to eliminate unnecessary words, phrases, cliches, and unpleasant tones.
  3. Writing must be mellifluous. Fun to read, easy to read.
  4. Short paragraphs and short sentences.
  5. Never argue in the alternative, as it signals they both are wrong. Pick one and stay with it.
  6. Avoid footnotes as they interrupt the flow and seldom help win. If it is worthy of saying, say it in the body of the brief.
  7. Use plain language and let the strength of your substantial position speak for you. Do not try to use words and phrases designed to move the reader emotionally.
  8. Never use boldface type. 
  9. Use italics rarely to emphasize a particular word.
  10. Leave plenty of white space on the page. Again, short paragraphs and sentences. This is not a vocabulary contest.

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