6 Tips on Writing Meticulous Legal Briefs and Winning Your Argument


6 Tips on Writing Meticulous Legal Briefs and Winning Your Argument
Beth Worthy

Beth Worthy

10/10/2013

Transcriptionists know what clients expect - deadlines met, affordable rates, confidentiality, and guaranteed accuracy. That may be a lot to ask, but professional transcriptionists handle enough material over time that they could advise a lawyer on how to write a legal brief that wins.

  1. Just the facts! A clear statement of the Case and Facts starts the best briefs. Well presented, the statement of facts reduces the argument. The very first thing the Court should see is your reason why your client should prevail.
  2. StyleBrief means brief - concise, clear, and catchy.
    • Use direct and assertive simple sentences. Keep compound or complex sentences at a minimum.
    • Choose the simplest word forms the case permits.
    • Prefer active verbs.
    • Edit punctuation until follows the guidelines of a credible style guide.
    • Be specific with dates, dollars, and details.
    • Follow the correct citation form.
  3. Get organized! The poor organization shows that you do not know what you are doing. Good organization is easy to master.
    • Reduce any argument to a syllogism. State what the law is. Explain how your facts apply to the law.
    • Arrange facts as a narrative, preferably chronological.
    • Include negative as well as positive facts.
  4. Keep it clean! There may be a temptation to over-argue and overwrite.
    • Demonstrate how the law applies. Let the law and the facts stand on their own.
    • Adverbs always imply a judgment on your part, and that is not the brief's purpose.
    • Adjectives color and characterize, and a brief is not the place for the dramatic and emotional.
    • Avoid issues of tone, such as sarcasm, pejoration, and accusation.
  5. Write the opinion! Visualize the decision as you want it published. Imagine a just, fair opinion that rules in your client's favor. In doing so, you pay respect to the court, partner with the judge and clerks, and save them time and energy.
  6. Edit more than once! It is absolutely certain that you will not get it right the first time.
    • Proofread structure, spelling, punctuation, language and, syntax.
    • Seek input and feedback from a colleague.

Read Also: Three Energy Saving Tips You Can Use

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Beth Worthy

Beth Worthy

Beth Worthy is the Cofounder & President of GMR Transcription Services, Inc., a California-based company that has been providing accurate and fast transcription services since 2004. She has enjoyed nearly ten years of success at GMR, playing a pivotal role in the company's growth. Under Beth's leadership, GMR Transcription doubled its sales within two years, earning recognition as one of the OC Business Journal's fastest-growing private companies. Outside of work, she enjoys spending time with her husband and two kids.