Mar 07, 2016 · In part 2 of this series, Ballard Spahr LLP partner Scott Himes examines the argument and conclusion sections of the brief, and also …
May 30, 2011 · 4. Make a list of legal issues to research. Based on your review of the case file and court record, identify the legal issues that are relevant to the brief. For example, in the course of defending a lawsuit, an issue might arise during discovery, with the other party refusing to turn over important documents.
Jan 11, 2017 · 2 Organize and outline your arguments. 3 Develop a theme for your brief. 4 Use CRAC to analyze legal issues. 5 Use structural writing techniques to help guide the reader. 5.1 Effective Headings. 5.2 Table of contents. 5.3 Summaries. 6 Address threshold issues before diving into the details of the case.
Mar 04, 2016 · The diligent brief writer should focus on these best practices from cover to conclusion. Part 1 addresses the sections of a brief through the statement of facts. Part 2 addresses the rest of the...
A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client’s position.
They require a title page, table of contents and authorities, in addition to statement of facts, questions presented and legal argument. The exact requirements of an appellate brief will depend on the procedural requirements of the appeals court to which the brief is being submitted.
1. Get an overview of the law. To research the legal issues in your case, you will need to identify the relevant cases and statutes. A starting point for gathering this information is to refer to sources that provide an overview of different areas of the law.
Generally, it includes: the court name, jurisdiction, case number, title of the case (the names of the parties), title of the document, name (s) and address (s) of the lawyers filing the document, and the date filed. A short trial brief may not require a title page.
Write out the full argument. The "Argument" section is the heart of the brief. This is where you will analyze the law that applies to your case and apply the legal principles to the facts. Each argument section or subsection should begin with an argumentative point heading.
The court record consists of the pleadings filed with the court including the original complaint, any answer to that complaint, cross-complaints, counterclaims, and any number of other types of pleadings or motions submitted to the court. Depending on the stage of proceedings of your case, there may not be a court record yet.
Most lawyers can’t write for squat. Which is unfortunate because writing is thinking. If you don’t write well, it’s likely you don’t think well. Which is a problem, because that’s essentially what clients hire you for. Contents [ hide] 1 How To Write a Legal Brief. 2 Organize and outline your arguments.
Organize and outline your arguments. Judges are busy. They have voluminous amounts of documents to review at any given time. Often they will go weeks, if not months, between touching the same case twice. Any brief you put before a judge needs to: Be well organized. Provide a roadmap for the judge to follow.
Structural writing techniques are the basic building blocks of organizational writing that often get short shrift from lawyers. Or lawyers use them, but are completely awful at it.
The attorney cannot swear to the truth of a legal argument. Opposing counsel may serve an opposition brief containing a statement of reasons why the motion should be denied, along with supporting authorities. If the moving party filed a brief, the opposing party should file an opposing brief, unless its defense is based solely on factual matters ...
Support facts. Do not refer to facts that are not supported by affidavit or admitted in the pleadings. If certain facts are important to the motion, but are not yet part of the court file, draft and file appropriate affidavits or submit documentary evidence to supply the facts. Follow these citation principles.
Opposing counsel may serve an opposition brief containing a statement of reasons why the motion should be denied, along with supporting authorities. If the moving party filed a brief, the opposing party should file an opposing brief, unless its defense is based solely on factual matters that can be covered in affidavits and appendices.
Omit boilerplate. Most judges do not need to read extensive expositions on well-known principles of law. Judges deal repeatedly with many topics, such as the basic law of summary judgment, the principles governing motions to dismiss for failure to state a claim, and the scope of discovery.
A brief that characterizes the other side as “blatant” or “deceitful” is both distasteful and distracting. If this approach is truly justified, chose the language carefully and back it up with facts. Clients may enjoy such language, but courts do not. Don’t patronize the court.
In New York practice, “brief” and “memorandum of law” are used interchangeably to refer to the document providing legal authority and argument in support of a motion. In New York state courts, the moving party is not required to file a memorandum of law or brief in support of a motion, but should generally do so.
A strong brief is essential for succeeding on the motion.
Some motions, such as one for summary judgment, require an evidentiary showing based on affidavits, deposition testimony and exhibits, while others, such as a motion to dismiss, often do not. However, a brief, or what is often called a "memorandum of law" in the trial court, is usually necessary — to present the facts ...
The diligent brief writer should focus on these best practices from cover to conclusion. Part 1 addresses the sections of a brief through the statement of facts. Part 2 addresses the rest of the brief, also offering some thoughts about opposition and reply briefs.
Brief writing is assuredly more art than science. Equally able lawyers prepare briefs differently. No one size fits all, and there can be exceptions to the norm for a particular motion. But certain "best practices" exist for the vast majority of motions briefs that a lawyer will file.
No one size fits all, and there can be exceptions to the norm for a particular motion. But certain "best practices" exist for the vast majority of motions briefs that a lawyer will file. Indeed, much of best practices is basic to a persuasive brief, yet often these advocacy techniques are overlooked.
In fact, court rules or judges' individual practices often require that these be included in a brief, or otherwise require them for a brief of a certain length, say 10 pages or more .
Preliminary Statement. Every brief should have an up-front summary of your overall position on the motion, typically called the "Preliminary Statement.". It is perhaps the most important part of the brief.