The Trial Practice Tips Weblog

Legal Writing: Writing Bad Briefs

From the Journal of the New York State Bar Association: "Writing Bad Briefs: How to Lose a Case in 100 Pages or More," by Judge Gerald Lebovits. (Link from the (new) legal writer.)

Legal Writing: A Motivational Reminder

Here's a simple reminder that will help you get moving on that first draft--

Don't get it right, get it written

I'm not sure where I heard this, but it stuck with me. It certainly makes sense. You can worry about getting it right later, in the revision stage.

For more on first drafts, see my article "First Drafts Made Easy," originally published in the Illinois Bar Journal.

Using "And/Or" -- Just Plain Dumb

Leslie O'Flahavan at Writing Matters concludes that using "and/or" is "just plain dumb."

To find out why, read her post, which includes lots of support from writing experts.

At the (new) legal writer, Raymond Ward adds to the debate, concluding that while not "plain dumb," he does try to avoid using "and/or."

Five More Legal-Writing Tips

Need five ways to improve your legal writing? See my article "Improve Your Legal Writing with Five Simple Rules," first published in the Illinois Bar Journal.

Write Persuasively

After you've written your first draft, you'll want to make sure it's persuasive. You'll find some tips in my article "Five Steps Towards Persuasive Writing," first published in the Illinois Bar Journal.

Writing First Drafts

Writer's block? You'll find a number of tips for writing first drafts in my article "First Drafts Made Easy," originally published in the Illinois Bar Journal.

Choose a Citation Style, Then Stick To It

Your choices for a citation style?

The Bluebook. The Greenbook. The Maroonbook. Plus others, which you'll find listed in an article at the University of North Texas: "Citing Legal Materials/Legal Style Manuals."

What's important isn't so much the one you use, but that you choose one and use it consistently throughout any single document.

Otherwise, you'll look sloppy, an impression that will cast your legal reasoning in a negative light.

Further reading: "Communicating Your Authority," by Maureen B. Collins, Illinois Bar Journal, 12/03.

A Plethora of Legal Writing Tips

Here are some tips you can find in the "legal writing" section of this weblog--

• Stuck on the first draft? Try starting in the middle;
• Why your briefs are probably too long, and how to make them shorter;
• Improve your briefs with better introductions;
• How to design the look of your brief to make it more readable;
• How to structure your brief, every time;
• How to be a better editor of your own legal writing;
• Be on the lookout for overstatement;
• Know how to spot muddled writing;
• Make your writing look more professional by hyphenating phrasal adjectives;
• Learn five simple rules for improving your legal writing.

Appellate Briefs: Examples

The task of writing legal documents is often easier if one seeks out examples to use as models.

To this end, the Seventh Circuit Court of Appeals provides access to briefs on its website.

Although you cannot search by topic, you can find hundreds of example briefs. The briefs are free and do not require PACER to access them.

To find these briefs, go to the Seventh Circuit Court of Appeals and look on the left side under "case information." Follow the link for "Briefs - 2007 + prior."

Related Posts:

1. "By Popular Demand, a Writing Sample."

2. "Self-Editing Tips for Legal Writers."

The Art of the Reply Brief

At the (new) legal writer, Raymond Ward offers a "collection of articles on reply briefs" in response to a reader who complained in an email that "I have been unable to find any guidance with regard to developing an effective reply brief."

Ward's post merits a look. And Thanks for the link to Celia Elwell, a paralegal in Oklahoma City.

Related post: "Writing Tip: Draft Your Brief Before Reading Your Opponent's."