Category Archives: Summary of the Argument

Brief Writing – The Summary of the Argument.

13 Sunday Mar 2016

Posted by in Bad Legal Writing, Brief Writing, Legal Analysis, Legal Argument, Legal Writing, Persuasive Writing, Summary of the Argument

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Drafting the Summary of Argument, by Louis J. Sirico, Jr., Legal Skills Prof Blog

http://lawprofessors.typepad.com/legal_skills/2016/03/drafting-the-summary-of-argument.html

Although not all courts require a “Summary of the Argument” in major briefs, you might consider adding one nonetheless. It is the heart of your brief. It concisely sums up your argument – no fluff allowed.

Some busy judges will read your Table of Contents, Table of Authorities, the Summary of the Argument, and nothing else. It is why the Summary of the Argument is at the beginning of a brief, and why it should to get right to the point and stay there.

This is a particularly interesting article on writing by Judith Fischer, and well worth your time regardless of your brief writing skills. -CCE

[B]ecause the summary of the argument appears near the beginning of a brief, it allows the legal advocate to take advantage of both framing and priming to begin to convince the Court. Thus, it’s a mistake for an advocate to treat the section as an afterthought. . . .

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What A Judge Needs To Give You What You Want.

27 Friday Feb 2015

Posted by in Brief Writing, Judges, Legal Analysis, Legal Argument, Legal Writing, Motions, Plain Language, Readability, Statement of Facts, Summary of the Argument

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Effective Legal Writing: One Judge’s Perspective, by Retired Judge Wayne Alley, originally published in the Oklahoma Bar Journal, Feb. 14, 2015– Vol. 86, No. 5.

http://www.okbar.org/members/BarJournal/archive2015/FebArchive15/OBJ8605Alley.aspx

This is one of the best articles I have read on how to write to win your case. Judge Alley tells you exactly what a judge wants to read in your brief. So put yourself in the judge’s shoes, and imagine that you’re reading yet another brief at the end of a long day at the end of an extremely long week.

Here you will find what a judge needs to give you what you want. -CCE

What does a judge want in writings (motions, briefs, applications, reports, proposed orders) filed in his or her cases? There is an easy answer; the judge wants an easy out. The judge wants a clear, simple, substantiated solution to the problem at hand — a solution with which he is comfortable. To this end, consider the following suggestions.

Tell the judge why. Except for uncontested applications, such as for extensions of time, both sides typically submit persuasive statutes, cases and secondary authorities in support of their respective positions. Not many positions are “slam dunks.” The judge needs to be educated not merely that the respective authorities are out there, but why one set of authorities leads to a better result than the other. The judge shouldn’t have to figure it out for him or herself. . . .

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In Legal Writing, Why Less Really Is More. Really, Really.

13 Saturday Dec 2014

Posted by in Appellate Writing, Bad Legal Writing, Brief Writing, Editing, Jury Instructions, Legal Argument, Legal Writing, Readability, Statement of Facts, Summary of the Argument

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Less is more. Really. by Raymond Ward, the (new) legal writer blog

http://tinyurl.com/l94vnyd

If you really have the goods, modesty is more effective than piling it on. Mark Herrmann explains this principle.

Appellate Legal Writing – This Is How You Do It.

27 Thursday Nov 2014

Posted by in 9th Circuit Court of Appeals, Appellate Law, Appellate Writing, Brief Writing, Editing, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Propositions and Headings, Readability, Statement of Facts, Summary of the Argument, Table of Authorities

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Free La. Appellate CLE Materials, by Raymond P. Ward, Louisiana Civil Appeals Blog

http://tinyurl.com/mg88sy7

Here’s something you don’t see everyday – a top-notch lawyer generously sharing everything juicy in his CLE presentation.  I am a long-time follower of Mr. Ward’s blogs. I strongly recommend this blog, as well as his other blog, the [new] legal writer blog at http://raymondpward.typepad.com/newlegalwriter/. 

Notice how the propositions further the appellate brief’s argument to the court. They are not simply “The Court Should Grant Summary Judgment to Plaintiff” or something equally bland.  Likewise, the propositions are not more than one sentence.

The Statement of the Case is less than one page. The writer doesn’t bog the Court down with unnecessary facts. You can look, but you will not find even a whiff of legalese.

Please pay attention when you read the materials and each sample document (thank you for including them!). Notice that no words are wasted. There is a reason why.

Notice the word choice, the size of the sentences and paragraphs, and the crafting of the propositions and subheadings. The persuasive argument is easy to follow. The writer keeps the reader’s attention – an absolute must for anything you write.

Do you aspire to be a good writer? Write like this. -CCE

This morning [October 28, 2014], I presented an hour of CLE on appellate practice for the Louisiana State Bar Association’s ‘Bridging the Gap’ seminar, a program for newly minted lawyers who passed the February 2014 bar exam. For attendees and anyone else who may be interested, here are some supplemental materials used or discussed in the presentation:

For reasons discussed at the seminar and elsewhere, I recommend against over-reliance on forms. With that caution stated—and with no warranties—I offer some samples of pleadings and briefs, all in PDF:

Best Brief Writing Checklist.

08 Sunday Jun 2014

Posted by in Bad Legal Writing, Brief Writing, Citations, Footnotes, Legal Analysis, Legal Argument, Legal Writing, Legalese, Plain Language, Proofreading, Quotations, Readability, Spell Checking, Statement of Facts, Summary of the Argument

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“Briefly Speaking,” Brief Writing – Best Practices, Washington State Court of Appeals, Division I, CLE

 http://tinyurl.com/lsrzxjy

This is the essence of writing a persuasive and winning brief. Each section is important. Ignore the guidance here at your peril.

The icing on the cake is the advice from the Hon. Patricia M. Wald, Judge of the United States Court of Appeals for the D.C. Circuit, taken from her article, “19 Tips from 19 Years on the Appellate Bench,” The Journal of Appellate Practice and Process, Vol. 1, No. 1 (Winter 1999).  She is right – this is your opportunity to tell your client’s story. Short and to the point is always more persuasive than long-winded recitations of fact and case law.

Make this your brief writing checklist. -CCE