Brief Writing & Other Tips

The Fact Section Practical Tips: 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 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 How is your client a valuable member of society Does your client have any noble goals? Does your client have any noble goals? Is your client good at what she does? Is your client good at what she does? Has your client overcome adversity? Has your client overcome adversity? Is your client a victim? Is your client a victim? What is your client’s family situation? What is your client’s family situation? Has your client served our country? Has your client served our country? Does your client contribute to charity? Does your client contribute to charity? If a corporate client, does it have a figurehead “good guy” at the top? 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. 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. 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. 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. 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. Use Argumentative Point headings. Make them parallel in grammar, structure, and form (typeface). Make them parallel in grammar, structure, and form (typeface). Put these headings in the table of contents. 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. 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! Try to be as concise as possible – no more than two lines of text!

Drafting Tips Research your issues thoroughly. Research your issues thoroughly. Brainstorm with classmates on the law and the issues. Brainstorm with classmates on the law and the issues. Create a structure for your arguments. Create a structure for your arguments. Research the counter-arguments thoroughly. Research the counter-arguments thoroughly. Lead with and offense and try to keep your arguments on the offensive rather than defensive. 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. 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. 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. 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 documents need effective paragraphs. All good paragraphs need transitional and/or topic sentences All good paragraphs need transitional and/or topic sentences

Effective Paragraphs Unity and coherence are essential for any effective paragraph. Unity and coherence are essential for any effective paragraph. In a lengthy discussion, paragraphs also must indicate their place in the overall argument. 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. 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. 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. 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. Force the writer to articulate the the point and function of the paragraph.

Revising Topic Sentences Hint: Make a Topic Sentence Outline 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 bridge between subjects or connect the steps within the analysis. Transitions or bridges can appear at the beginning or the end of a paragraph. 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 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 sentences help the reader stay on track and not get lost in your discussion.

Transitional Expressions: To signal analogy: To signal analogy: –Similarly, likewise, again, also To signal alternative: 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: 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 To signal a conclusion –Therefore, hence, as a result, accordingly, in short, consequently, finally, to summarize. To establish a causal consequence To establish a causal consequence –Because, since, therefore, thus, consequently, then, as a result, it follows, so. To introduce an example To introduce an example –For example, for instance, specifically, as an illustration.

Transitional Expressions: To signal a concession: To signal a concession: –Granted that, no doubt, to be sure, it is true, although. To establish temporal relationships: 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. 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.) Avoid long complicated sentences. (More than 4 lines of text is too long.) Omit wordy, unnecessary phrases. Omit wordy, unnecessary phrases. Omit legalese Omit legalese In general, use active voice. In general, use active voice. Keep language concrete, simple & straightforward. Keep language concrete, simple & straightforward. Read your paper aloud. Read your paper aloud.

A Good Rule of Thumb If you wouldn’t speak that way, don’t write that way. If you wouldn’t speak that way, don’t write that way.

GOOD LUCK!