The most recent issue of the ABA Journal includes an article entitled Dirty Dozen: 12 Ways to Write a Really Bad Brief.
The article includes the following advice for writing an effective brief:
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Don’t make it too long - Stick to court-imposed page limits. Don’t make your brief too long by adding too many issues; a brief that raises too many issues lacks focus and direction.
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Don’t make unreasonable arguments - Each side should make its strongest argument, but strongest doesn’t mean loudest, longest, or most one-sided. Be reasonable, logical, and fair and concede the obvious.
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Tell a story - Every brief should tell a story of a wrong that needs to be righted or avoided. Telling an engaging story in the statement of facts and the issues they raise gives meaning to an otherwise dry assemblage of information.
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Avoid legalese - Using an excessive amount of legal jargon is simply pretentious and difficult to follow.
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Don’t overdo the quotes - Quotations should make important points in a memorable way, so don’t overuse them.
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Provide analysis - Don’t just run through the law and never analyze the cases, discuss the issues, show how the rules apply, or address the difficulties they raise. A brief should show the court how to answer the hard questions and reach the right result.
For more, go to the full article.
