EFFECTIVE LEGAL BRIEF WRITING Ø Emotion and ethics – one should not be permitted to seek

relief from judgment after having sat on his rights by

Prof. Greg Johnson, Prof. Brian Porto refusing to respond to a legitimate sut.

Notes: 4. Tell A Compelling Story In Your Statement Of The

Case
Practical Tips For Effective Brief Writing Ø Follow the theme with a sentence informing the court
who is appealing what decision.
Ø Aristotle – “It is not enough to know what to say, one must Ø Let the facts tell your client’s story.
also know how to say it. • Client – protagonist
• Opposition – antagonist
1. Madman-Architect-Carpenter-Judge Writing Process Ø If you represent the protagonist:
Ø Madman – brainstorm ideas regarding the components of • Identify your client’s honest behavior; and
your brief, especially the Statement of the Case (SOC) and • The troubles that befell your client when she came
the Argument. in contact with the protagonist.
• Important thing – identify the key facts and issues Ø If you represent the antagonist:
in the case. • Tell the best story you can, even if it is simply
• If you have an hour to devote to a writing project, under the facts and the pertinent law, the trial
spend 10 minutes brainstorming ideas (1/6 rule). court acted within the bounds of its discretion in
Ø Architect – start building a structure form the pieces the reaching its decision.
Madman identified. Ø Statement of the Case must be neutral in form, but
• Structure – outline. persuasive in effect:
• One should consume 5 minutes per one-hour • Limit adjectives and avoid intensifiers;
writing project. • Explain using descriptive nouns and verbs.
• Consider the Questions Presented (QP) as they set § Ex. The contractors sold the widow a
the tone for the entire brief. Precise QP will offer home riddled with defects, ignored her
you a conceptual road map for writing the brief requests for repairs, neglected to make
and they will give the reader a similarly handy repairs, and failed to answer her lawsuit
tool for understanding it. in a timely way.

2. Limit Your Brief To No More Than Three Questions 5. Use Rhetorical Techniques To Avoid Storytelling
Presented Ø Vivid imagery – enhances the persuasive effect of words.
Ø Try to limit your brief to 3 issues or less. If there are more, o Ex. “On his way out the door, Smith staggered
try to make use of subparts. against a serving table, knocking a bowl of
Ø Deep-issue format – a multi-sentence syllogism guacamole dip to the floor and splattering
incorporating a statement of the law, relevant facts, and a guacamole on the white shag carpet.”
question. It is helpful in fact-heavy or legally complex Ø Alliteration and assonance – spices up writing.
cases. Ø Isocolon – clauses of equal length.
Ø Tricolon – ideas and actions presented in groups of three.
3. Begin Your Statement Of The Case With A Theme (Ex. life, liberty and property)
Ø SOC will be most persuasive if it begins with a coherent Ø Metaphor (Ex. He was a pit bull in the court room) or
and compelling theme. simile (Ex. Her writing was as smooth as silk) – can aid
Ø The theme should hold the brief together, and it should persuasion.
summarize the story about to be told.
Ø It usually begins with “This case is about…” or “This case 6. Use Your Point Headings To Persuade
presents…” Try to include facts and law in it if possible. Ø A judge should be able to glean the import of your brief
Ø Rhetorical elements: from reading only your point headings.
a. Logos (logic) Ø This is possible if you:
b. Pathos (emotion) a. Include facts, law, and a conclusion in each point
c. Ethos (ethics) heading; and
b. Make them adversarial, not just topical or
Comedian and filmmaker Woody Allen has assertive.
said, “Ninety percent of life is showing up.” § Topical – The Statute of Limitations
Judging by this case, the Appellants, [names Question
omitted], failed to learn this lesson. Had they § Assertive – The Statute of Limitations
learned it, they may have spared themselves Bars This Lawsuit
the effort and the expense of this appeal along § Adversarial – The Statute of
with the sting of a large default judgment. Limitations Bars This Lawsuit Because
It Was Filed Three Months After The
Ø Logic – the default judgment resulting from the failure to Limitations Period Expired
pursue one’s case.
1 Yap, K. | Block C
Ø Use the same technique to create subheadings, preferably 1 these military families, and an unnecessary
every 4-5 pages. distraction for service members who all too
often find themselves in harm's way while
7. Remember The Principles Of Unity And Coherence For trying to protect this country. Ending this
Good Paragraphing discrimination by requiring states to
Ø Good writers can get stalled in the initial drafting process recognize the right of same-sex couples to
by spending too much time trying to get it “just right,” so marry would protect these families, and best
it is better to forget about perfection during the initial draft. serve the needs of the modern military.
Ø In the initial drafting stage, value quantity over quality.
Ø Once the unedited draft is complete, you will need to Ø A conclusion like this is worth reading, and can linger in
employ the Carpenter to make real the Architect’s vision. the court’s mind as it deliberates.
Ø Carpenter – take the random thoughts of the first draft and Ø Always remember to add the prayer for relief at the end.
put them in a logical and persuasive order.
Ø Garner – skipping the madman and architect stages means 9. Line Editing: Key Principles For More Powerful
that the writer will “think of ideas, sequence them, and Writing
verbalize them” all at once. Ø Reserve the final 15 minutes of every hour of writing for
Ø Carpenter stage will take about 30 minutes of every hour line editing.
of writing. Ø List of effective line-editing rules:
Ø The hard stuff of legal writing: a. Write short sentences
a. Imposing order on information; § The longer your sentences, the greater
b. Putting thoughts in logical order; and the chance that your reader will get lost.
c. Connecting thoughts in clear yet varied ways to § Most commentators suggest sentences
keep the reader’s attention and interest. no longer than 15-20 words.
Ø 2 principles in paragraphing: b. Put the subject and verb at or near the start of the
a. Unity; and sentence
b. Coherence. § Tell the reader right at the start what the
Ø Unity – each paragraph can relate to one topic only. action is and who is doing the act.
• Paragraph – a collection of sentences grouped § The reader does not know the meaning
together to explain or defend a single idea. or context of the clause until you provide
• Announce the topic of every paragraph in the first the subject and verb.
sentence and then stick to that topic throughout § Better to let the reader know at the start
the paragraph. of the sentence, and then add
Ø Coherence – dictates how you establish flow and logical supplementary material at the end.
progression within and between paragraphs. § A writer may also start certain sentences
• Best approach – keep your writing lively and with long clauses to build tension.
fresh. c. Avoid nominalizations
• Most common – use logical connectors, or § Nominalization – a base verb that has
transition words. been turned into a noun.
• Use “pointing words” (this, that, those) or “echo § Ex. “Fulfillment of the duty of good faith
links” (words or phrases in which a previously by the insurance company has as one of
mentioned idea reverberates). its requirements an obligation to provide
Ø Building paragraphs is an incremental process. Keep in a coherent response to a facially valid
mind that everything is new to your reader. claim.”
Ø Guide the reader through your argument with frequent (yet • Should be re-written as: “The
subtle) repetition. duty of good faith requires an
Ø Use the C-R-A-C format insurance company to respond
(Conclusion/Rule/Application/Conclusion). This is similar coherently to a facially valid
to our A-L-A-C format. claim.”
§ You can spot nominalizations by looking
8. Draft Meaningful Conclusions for common word endings: –al –ence –
Ø A one-sentence conclusion ahs zero persuasion value. ance –ity –ment –ion –ency –ant –ent.

The military values the service of gay and Conclusion

lesbian service members, and is actively Ø Judge – eliminates all but the most persuasive arguments.
working to recruit and retain them. But so Ø The real judge should not have to decide which of your
long as married gay and lesbian couples arguments are critical to your claim and which are not.
confront the prospect of being moved to a
state that will refuse to recognize their
marriages, a powerful disincentive to
recruitment and retention will remain. The
lack of marriage recognition is a strain on
2 Yap, K. | Block C