Our Approach to Writing

Our briefs should be a help to the courts. Unfortunately, most briefs are an ocean of irrelevance in which the bits that have the ability to help the court struggle for air, or are drowned entirely. Here are some general observations about what makes a brief helpful, and what makes a brief unhelpful:

  1. Anticipate the reader’s mind, and write sentences that speak directly to the questions the reader needs answered.
  2. In contrast, don’t recite law unless it’s in answer to a specific question. For example, never start a sentence with, “In Smith v. Jones….” Instead, first explain why the reader should be interested in Smith v. Jones. For example, after explaining the proposition, say: “This was the rule confirmed in Smith v. Jones.” And then go on to describe Smith v. Jones.
  3. Say as much as you need to say to be persuasive. Then stop.

Running list of common errors spotted and corrected

Avoid Paragraph Orphaning

Headings and Organization

Syntax

Style

Finalizing Documents

File Naming Convention