Tips to Write the Hard-Hitting Brief Judges Want
A first impression is a lasting impression – especially in the courtroom, so if you want to make sure yours is the very best it can be, consistently write clear, succinct, well-researched briefs.
Consider the thoughts of Gary Kinder who is a lawyer, legal-writing expert and best-selling author. In an interview on the Legal Talk Network’s Digital Edge podcast1, he revealed that it only takes a few months on the bench for judges and clerks to form opinions about lawyers and law firms based on their briefs. Here’s what happens: They see a brief’s author or the firm name and they’ll either be:
- Positively predisposed because they know the brief will be well-researched and well-written.
- Negatively predisposed because they’re braced for a brief that’s “contentious, overblown and hyperbolic.”
If you want to be certain you and your firm are creating briefs that judges and clerks will appreciate, and attain the strong reputation that comes that, download this free whitepaper: How to Write a Hard-Hitting Brief that Judges Want.
You’ll find out:
- What to do before you even start your research to set you up for success.
- What to consider in your legal analysis to build the strongest argument.
- How to organize your brief with clear and concise writing.
Remember, one of the few times your argument receives a judge’s undivided attention is when they’re reviewing your brief. It could be why Chief Justice John Roberts believes briefs are even more important than oral arguments.
“The oral argument is the tip of the iceberg, the most visible part of the process,” he says. “But briefs are more important and they should have as much time and energy devoted to them as the oral argument preparation.” 2
If you don’t devote time and effort, you could very well diminish both your professionalism and your case. Consider what the Hon. Raymond M. Kethledge, a judge on the U.S. Court of Appeals, Sixth Circuit, says about it in an article he wrote for the ABA:3
“When I read a brief, the first thing I’m judging is the person who wrote it. How careful is this lawyer? How competent? How candid? The answers to these questions will enhance or diminish the force of the lawyer’s arguments.”
Whether you are an experienced attorney who has written hundreds of briefs or are just starting out, the advice in our popular How to Write the Hard-Hitting Brief that Judges Want whitepaper will help set you up for long term success.
1 Calloway, Jim; Nelson, Sharon. Podcast. The Digital Edge, February 9, 2017.
2 Klau, Dan. “Briefs Are (Way) More Important Than Oral Argument,” Appealingly Brief! Blog, May 3, 2013.
3 Kethledge, Raymond. “A Judge Lays Down the Law on Writing Appellate Briefs,” GPSOLO Magazine, September/October 2015.
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