Five Ways To Write Better Briefs

• By Legal Talk Network
• September 24, 2024

Legal writing projects, encompassing legal briefs, motions, and closing arguments, are often the backbone of a law firm’s workload. These documents play a critical role in advocating for clients and presenting legal arguments. That is why it is imperative for legal professionals to consistently refine their writing skills to gain a competitive advantage in this aspect of their work. In the below guide, we will review five tips that can help you create the most persuasive and impactful briefs possible.

1. Break Up Longer Sentences

One of the most effective ways to enhance your writing is by shortening sentences, which helps to make the content more concise and easier to understand. In the context of legal writing, it is common for writers to incorporate complex concepts, which often results in lengthy sentences that attempt to encompass multiple ideas. However, resist the urge to use such convoluted structures and instead strive for clarity and conciseness.

2. Be Clear in Your Writing

After finishing a brief, take the time to reread it and ensure it is clear. Start by examining the headings and ask yourself the following questions:

• Do the headings flow logically from one to the next?
• Are there any necessary steps that have been omitted?
• Do they effectively cover all the points you intend to make?

From there, carefully review the argument presented under each heading and ask yourself:

• Does the argument support the corresponding heading, or would it be more appropriately placed elsewhere?
• Do you require additional evidence or support for the heading?
• Have you provided appropriate citations to legal authority for each position?

3. Use Shorter Words

Considering the frequency with which judges and lawyers review legal documents daily, try to prepare concise briefs and clearly communicate your arguments. For instance, try to use declarative sentences supported by references to authoritative sources. This will prevent important points from being buried in overly lengthy briefs. As Adriana Linares points out, “Judges aren’t impressed with fancy words and jargon. A clear, easy-to-read legal brief is easier to follow to the conclusion you want your reader to reach.”

Consider replacing these boring phrases in the left column with the concise and more straightforward words on the right:

PHRASES TO REPLACE:	BETTER OPTIONS:
As a result of	Because
In order to	To
In the event that	If
In light of the fact that	Since
With regard to	About

4. Try To Be Persuasive

According to the California Lawyers Association, one effective method for improving a brief is to be persuasive by finding a relevant statute or case that aligns with the facts of your case. Then, in your brief, you will want to:

• Provide the rule of law
• Apply it to your case’s facts and
• Come up with a conclusion from that application

Make sure to also “Shepardize” cases and statutes to ensure that you are not using an overruled or depublished case or a statute that has been amended or repealed. Shepardizing involves checking the subsequent history of a case or statute to see if it has been treated negatively by later decisions or legislation.

In addition, consider including an introductory paragraph in your brief that provides a concise summary of your main arguments. This can help orient your readers to the key issues right from the start.

5. Turn To the Experts for Help

In the words of Sandra Day O’Connor, “We don’t accomplish anything in this world alone.”

There are numerous resources like podcasts and books, as well as contacts from law schools and firms across the country, who would love to share their knowledge with you so you don’t have to feel alone as you stare at a blank page.

For example, the “Brief-Writing Ninja,” AKA Chris Schandevel, reveals the tips that helped him stop writing “like a lawyer” and start writing clearly on New Solo, hosted by Adriana Linares.

In the episode, Schandevel discusses what he put in his three-page style guide to improve the quality of legal writing and enhance clear formatting. He emphasizes the importance of using plain and straightforward language to present legal arguments effectively, as this approach can help the court better understand the case and perceive the intended message.

To learn more about the biggest mistakes lawyers make and hear the easiest strategies you can start implementing today to improve your legal writing, play the podcast episode below.

Learn How To Be a More Efficient Lawyer with Legal Talk Network’s Podcasts

If you are looking for further resources or information on becoming a better attorney, subscribe to Legal Talk Network’s podcasts today.

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