Brief Writing & Other Tips

The Fact Section

Practical Tips:
Tell a story try to make it interesting.
Use active voice as much as possible.
Avoid making arguments in the fact section.
Try to be balanced, but emphasize your view
of the facts.
Include unfavorable facts, but be strategic in
the emphasis you give to them.
Storytelling

Important elements of a story: setting,

point of view, voice, tone,character,
conflict, resolution, style
Pay attention to your tone keep it
professional, but straightforward.
Develop the primary characters in your story.
Develop the conflict in a way that resonates
with the reader.
Conflict demands resolution offer yours.
Ways of Developing Character
How is your client a valuable member of society
Does your client have any noble goals?
Is your client good at what she does?
Has your client overcome adversity?
Is your client a victim?
What is your clients family situation?
Has your client served our country?
Does your client contribute to charity?
If a corporate client, does it have a figurehead good
guy at the top?
Drafting Issues For Review
Practical Advice: Frame the deep issues at the outset,
so you meet the 90-second test. Every brief should make
its primary point w/in 90 seconds.
Be as concise as possible.
Bryan Garner recommends breaking the issue up it into separate
sentences, following a premise-premise-question form, but it can
also be done in one sentence.
Weave in enough facts so reader can truly understand the
problem, and
Write it in such a way that there is only possible answer one
that is favorable to the outcome you want.
Try out many different possibilities.
The Significance of Framing

How you frame the issues can set up the

ideological structure for how the court will
approach an issue.
Developing a strategy that incorporates both
broad policy questions and narrower issues offers
greater potential for success.
Remember that courts often avoid substantial
issues and rule on narrow grounds that may
afford relief without establishing troubling
precedent.
The Argument Section

Use Argumentative Point headings.

Make them parallel in grammar, structure, and
form (typeface).
Put these headings in the table of contents.
Avoid ALL CAPS. If you use title text,
uppercase only the appropriate words, not
articles, conjunctions, or prepositions having
fewer than four or fewer letters.
Try to be as concise as possible no more than
two lines of text!
Drafting Tips
Research your issues thoroughly.
Brainstorm with classmates on the law and the
issues.
Create a structure for your arguments.
Research the counter-arguments thoroughly.
Lead with and offense and try to keep your
arguments on the offensive rather than defensive.
Strive for arguments that are reasonable, logical
and fair.
Grammar & Style

Correct grammar, spelling, and efficient

use of language all contribute to the
credibility of the writer.
The more credibility the reader accords
the writer, the more credibility the reader
accords to the arguments made by that
writer.
Revising Your Organization and
Analysis
All good documents need effective
paragraphs.

All good paragraphs need transitional

and/or topic sentences
Effective Paragraphs
Unity and coherence are essential for any
effective paragraph.
In a lengthy discussion, paragraphs also must
indicate their place in the overall argument.
Clear writing depends on the writer giving the
reader signals so the direction and point of the
analysis are always apparent.
Effective Topic Sentences

Introduce new issues and sub-issues and show

their connection with the thesis presented in the
thesis paragraph.
Can unify ideas which might appear unrelated
and establish a context which makes their
relation and the point of the paragraph clear.
Force the writer to articulate the the point and
function of the paragraph.
Revising Topic Sentences
Hint: Make a Topic Sentence Outline
Underline, highlight, or bold all headings, sub-headings, and
topic sentences in your analysis.
Ask yourself whether the topic sentences accurately identify the
material in the paragraph.
Ask yourself whether the topic sentences in the outline seem to
be in a logical order.
The idea in the paragraph may be appropriate, but it may not be
appropriately identified by the topic sentence
Make sure you have included transitions that clarify the
relationship between paragraphs.
Transitional Sentences
Transitions bridge between subjects or connect the steps
within the analysis.
Transitions or bridges can appear at the beginning or
the end of a paragraph.
Transitional sentences summarize what has been
covered, and introduce what is to come.
Transitional sentences help the reader stay on track and
not get lost in your discussion.
Transitional Expressions:

To signal analogy:
Similarly, likewise, again, also

To signal alternative:
In contrast, but, still, however, contrary to, though, although,
yet, nevertheless, conversely, alternatively, on the other hand.

To signal amplification or addition:

and, also, moreover, furthermore, in addition, equally important,
next, finally, besides, similarly, another reason, likewise.
Transitional Expressions:
To signal a conclusion
Therefore, hence, as a result, accordingly, in short,
consequently, finally, to summarize.

To establish a causal consequence

Because, since, therefore, thus, consequently, then, as a result,
it follows, so.

To introduce an example
For example, for instance, specifically, as an illustration.
Transitional Expressions:
To signal a concession:
Granted that, no doubt, to be sure, it is true,
although.

To establish temporal relationships:

Next, then, as soon as, until, last, later, earlier,
before, afterward, after, when, recently, eventually,
subsequently, simultaneously, at the same time,
thereafter, since.
Revising Sentences
Hint: Look at the sentences you have written.
Have you presented your ideas grammatically, clearly,
precisely, and concisely?
Have you used straightforward, simple language
Are you leaving it up to the reader to make the
logical connections between your sentences, or have
you provided transitions to lead the reader.
Revising Sentences
Hints:
Avoid long complicated sentences. (More than 4
lines of text is too long.)
Omit wordy, unnecessary phrases.
Omit legalese
In general , use active voice.
Keep language concrete, simple & straightforward.
Read your paper aloud.
A Good Rule of Thumb
If you wouldnt speak that
way, dont write that way.
GOOD LUCK!