Brief Writing & Other TipsBrief Writing & Other Tips

The Fact SectionThe Fact Section

• Practical Tips:Practical Tips:– Tell a storyTell a story – try to make it interesting. – try to make it interesting.– Use active voice as much as possible.Use active voice as much as possible.– Avoid making arguments in the fact Avoid making arguments in the fact

section.section.– Try to be balanced, but emphasize your Try to be balanced, but emphasize your

view of the facts. view of the facts. – Include unfavorable facts, but be strategic Include unfavorable facts, but be strategic

in the emphasis you give to them.in the emphasis you give to them.

StorytellingStorytelling

• Important elements of a story: setting, Important elements of a story: setting, point of view, voice, tone,point of view, voice, tone,character, character, conflict, resolutionconflict, resolution, style, style– Pay attention to your tone – keep it Pay attention to your tone – keep it

professional, but straightforward.professional, but straightforward.– Develop the primary characters in your Develop the primary characters in your

story.story.– Develop the conflict in a way that Develop the conflict in a way that

resonates with the reader.resonates with the reader.– Conflict demands resolution – offer yours.Conflict demands resolution – offer yours.

Ways of Developing Ways of Developing CharacterCharacter• How is your client a valuable member of societyHow 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 If a corporate client, does it have a figurehead

“good guy” at the top?“good guy” at the top?

Drafting Issues For ReviewDrafting Issues For Review

• Practical Advice: Frame the deep issues at the Practical Advice: Frame the deep issues at the outset, so you meet the 90-second test. Every outset, so you meet the 90-second test. Every brief should make its primary point w/in 90 brief should make its primary point w/in 90 seconds. seconds. – Be as concise as possible.Be as concise as possible.– Bryan Garner recommends breaking the issue up it into Bryan Garner recommends breaking the issue up it into

separate sentences, following a premise-premise-separate sentences, following a premise-premise-question form, but it can also be done in one sentence.question form, but it can also be done in one sentence.

– Weave in enough factsWeave in enough facts so reader can truly understand so reader can truly understand the problem, andthe problem, and

– Write it in such a way that there is only possible answer Write it in such a way that there is only possible answer – one that is favorable to the outcome you want.– one that is favorable to the outcome you want.

– Try out many different possibilities. Try out many different possibilities.

The Significance of FramingThe Significance of Framing

• How you “frame” the issues can set up the How you “frame” the issues can set up the ideological structure for how the court will ideological structure for how the court will approach an issue.approach an issue.

• Developing a strategy that incorporates Developing a strategy that incorporates both broad policy questions and narrower both broad policy questions and narrower issues offers greater potential for success.issues offers greater potential for success.

• Remember that courts often avoid Remember that courts often avoid substantial issues and rule on narrow substantial issues and rule on narrow grounds that may afford relief without grounds that may afford relief without establishing troubling precedent.establishing troubling precedent.

The Argument SectionThe Argument Section

• Use Argumentative Point headings. Use Argumentative Point headings. • Make them parallel in grammar, structure, Make them parallel in grammar, structure,

and form (typeface). and form (typeface). • Put these headings in the table of Put these headings in the table of

contents. contents. • Avoid ALL CAPS. If you use “title text,” Avoid ALL CAPS. If you use “title text,”

uppercase only the appropriate words, not uppercase only the appropriate words, not articles, conjunctions, or prepositions articles, conjunctions, or prepositions having fewer than four or fewer letters.having fewer than four or fewer letters.

• Try to be as concise as possible – no more Try to be as concise as possible – no more than two lines of text!than two lines of text!

Drafting TipsDrafting Tips

• Research your issues thoroughly.Research your issues thoroughly.• Brainstorm with classmates on the law and Brainstorm with classmates on the law and

the issues. 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 Lead with and offense and try to keep your

arguments on the offensive rather than arguments on the offensive rather than defensive.defensive.

• Strive for arguments that are rStrive for arguments that are reasonable, easonable, logical and fair.logical and fair.

Grammar & StyleGrammar & Style

• Correct grammar, spelling, and Correct grammar, spelling, and efficient use of language all efficient use of language all contribute to the credibility of the contribute to the credibility of the writer.writer.

• The more credibility the reader The more credibility the reader accords the writer, the more accords the writer, the more credibility the reader accords to the credibility the reader accords to the arguments made by that writer. arguments made by that writer.

Revising Your Organization and Revising Your Organization and AnalysisAnalysis

• All good documents need effective All good documents need effective paragraphs.paragraphs.

• All good paragraphs need transitional All good paragraphs need transitional and/or topic sentencesand/or topic sentences

Effective ParagraphsEffective Paragraphs• UnityUnity and and coherencecoherence are essential for any are essential for any

effective paragraph.effective paragraph.

• In a lengthy discussion, paragraphs also In a lengthy discussion, paragraphs also must indicate their place in the overall must indicate their place in the overall argument.argument.

• Clear writing depends on the writer giving Clear writing depends on the writer giving the reader the reader signalssignals so the direction and so the direction and point of the analysis are always apparent.point of the analysis are always apparent.

Effective Topic SentencesEffective Topic Sentences

• IntroduceIntroduce new issues and sub-issues and new issues and sub-issues and show their connection with the thesis show their connection with the thesis presented in the thesis paragraph.presented in the thesis paragraph.

• Can Can unifyunify ideas which might appear ideas which might appear unrelated and establish a context which unrelated and establish a context which makes their relation and the point of the makes their relation and the point of the paragraph clear.paragraph clear.

• Force the writer to Force the writer to articulate the the point articulate the the point and functionand function of the paragraph. of the paragraph.

Revising Topic SentencesRevising Topic Sentences

• Hint: Make a Topic Sentence OutlineHint: Make a Topic Sentence Outline– Underline, highlight, or bold all headings, sub-headings, Underline, highlight, or bold all headings, sub-headings,

and topic sentences in your analysis.and topic sentences in your analysis.– Ask yourself whether the topic sentences accurately Ask yourself whether the topic sentences accurately

identify the material in the paragraph.identify the material in the paragraph.– Ask yourself whether the topic sentences in the outline Ask yourself whether the topic sentences in the outline

seem to be in a logical order. seem to be in a logical order. – The idea in the paragraph may be appropriate, but it The idea in the paragraph may be appropriate, but it

may not be appropriately identified by the topic may not be appropriately identified by the topic sentencesentence

– Make sure you have included transitions that clarify the Make sure you have included transitions that clarify the relationship between paragraphs.relationship between paragraphs.

Transitional SentencesTransitional Sentences• Transitions bridgeTransitions bridge between subjects or connect between subjects or connect

the steps within the analysis. the steps within the analysis. • Transitions or bridges can appear at the Transitions or bridges can appear at the

beginning or the end of a paragraph.beginning or the end of a paragraph.• Transitional sentences summarizeTransitional sentences summarize what has been what has been

covered, and covered, and introduceintroduce what is to come. what is to come.• Transitional sentences help the reader stay on Transitional sentences help the reader stay on

tracktrack and not get lost in your discussion. and not get lost in your discussion.

Transitional Expressions:Transitional Expressions:

• To signal To signal analogyanalogy::– Similarly, likewise, again, alsoSimilarly, likewise, again, also

• To signal To signal alternativealternative::– In contrast, but, still, however, contrary to, though, although, In contrast, but, still, however, contrary to, though, although,

yet, nevertheless, conversely, alternatively, on the other yet, nevertheless, conversely, alternatively, on the other hand.hand.

• To signal To signal amplificationamplification or or additionaddition::– and, also, moreover, furthermore, in addition, equally and, also, moreover, furthermore, in addition, equally

important, next, finally, besides, similarly, another reason, important, next, finally, besides, similarly, another reason, likewise.likewise.

Transitional Expressions:Transitional Expressions:

• To signal a To signal a conclusionconclusion– Therefore, hence, as a result, accordingly, in short, Therefore, hence, as a result, accordingly, in short,

consequently, finally, to summarize.consequently, finally, to summarize.

• To establish a To establish a causal consequencecausal consequence– Because, since, therefore, thus, consequently, then, as a Because, since, therefore, thus, consequently, then, as a

result, it follows, so.result, it follows, so.

• To To introduceintroduce an an exampleexample– For example, for instance, specifically, as an illustration.For example, for instance, specifically, as an illustration.

Transitional Expressions:Transitional Expressions:

• To signal a To signal a concessionconcession::– Granted that, no doubt, to be sure, it is true, Granted that, no doubt, to be sure, it is true,

although.although.

• To establish To establish temporal relationshipstemporal relationships::– Next, then, as soon as, until, last, later, earlier, Next, then, as soon as, until, last, later, earlier,

before, afterward, after, when, recently, before, afterward, after, when, recently, eventually, subsequently, simultaneously, at eventually, subsequently, simultaneously, at the same time, thereafter, since.the same time, thereafter, since.

Revising SentencesRevising Sentences• Hint:Hint: Look at the sentences you have Look at the sentences you have

written. written. – Have you presented your ideas grammatically, Have you presented your ideas grammatically,

clearly, precisely, and concisely?clearly, precisely, and concisely?– Have you used straightforward, simple Have you used straightforward, simple

languagelanguage– Are you leaving it up to the reader to make the Are you leaving it up to the reader to make the

logical connections between your sentences, or logical connections between your sentences, or have you provided transitions to lead the have you provided transitions to lead the reader.reader.

Revising SentencesRevising Sentences

Hints:Hints:• Avoid long complicated sentences. (More Avoid long complicated sentences. (More

than 4 lines of text is too long.)than 4 lines of text is too long.)• Omit wordy, unnecessary phrases. Omit wordy, unnecessary phrases. • Omit legaleseOmit legalese• In general , use active voice.In general , use active voice.• Keep language concrete, simple & Keep language concrete, simple &

straightforward.straightforward.• Read your paper aloud.Read your paper aloud.

A Good Rule of ThumbA Good Rule of Thumb

•If you wouldn’t speak that If you wouldn’t speak that way, don’t write that way.way, don’t write that way.

GOOD LUCK!GOOD LUCK!