To write an effective legal brief, it is necessary to understand the function of these documents as well as the variations in procedural requirements. Legal Briefs Are Arguments Legal briefs are written arguments that set out the relevant laws on an issue and describe how they should be applied to the facts of a particular case. A legal brief is generally prepared for submission to a particular court in a particular case, with the goal of convincing the judge to rule in a particular way on certain issues.
How to Write a Legal Statement of Fact Formats Vary Widely The term "legal brief" is used loosely to mean any type of written statement that presents law, fact and argument, so the format for a legal brief varies considerably not just among different courts, but also within one jurisdiction.
For example, there are very specific format requirements for a brief that supports a motion for summary judgment in a trial court that vary considerably from the requirements for an appellate brief before the state supreme court.
Organizing the Argument Before an attorney begins drafting a legal brief, she identifies the exact legal points at issue. To that end, she reviews all the documents filed in the case that relate to these issues, researches the law and determines what types of evidence she will need to support her argument.
Once this preparation is done, she organizes the argument to lead the judge, in logical and well-supported steps, from one point to the next, until the desired conclusion appears inevitable.
Well-written legal briefs include only information essential to the argument; a critical point can be lost if hidden in verbal bloat. Reply Briefing If you filed a legal motion with an accompanying legal brief, often termed a memorandum in support, and the other party filed opposing documents, you often will have a chance to file a reply brief in which you respond to the arguments raised in the other party's brief.
It is important to read and understand the position of the opposition before sitting down to write a reply brief, since the intention of this brief is to show the judge the errors in reasoning. Good reply briefs focus on each point raised by the opposition rather than simply restating opening arguments.In theory, every law school graduate should know something about how to write an effective appellate brief.
After all, first-year legal writing classes in law school often concentrate on that skill.
Learn how outsourcing your Massachusetts legal research, legal writing, appellate brief or motion practice can save you time and money.
Learn how outsourcing your Massachusetts legal research, legal writing, appellate brief or motion practice can save you time and money. ;. Format Your Brief in Minutes – Not Hours.
The Appellate Brief Template is a highly customizable formatted brief for Microsoft Word. It allows you to spend your time writing your brief instead of wasting hours trying to format it.
Also, avoid sticking to a script or formula when structuring a brief, which will almost certainly lead to dry, robotic writing, noted Dave Catuogno of Forman Holt Eliades & Youngman LLC.
APPELLATE BRIEF WRITING: MAKING A BRIEF HELPFUL AND PERSUASIVE Robert B. Dubose [email protected] Author/Speaker for State Bar of Texas CLE programs on the following Appellate and Trial topics: Legal Writing - , ; Oral Argument - ; Appellate Brief Structure - ; Discovery Objections - suggests .
How To Write a Legal Brief Despite that you should have learned all this in Legal Research & Writing back in law school, here is a brief introduction (or refresher) on brief writing. Follow the below steps and you’ll draft better briefs.