Trial Magazine

I recently came across a jurisdiction issue I had briefed for a motion as an associate. After tracking down the brief, I excitedly thought about the free time I would gain over the weekend by borrowing heavily from my own work product after updating a few citations.

Then I read it and realized that, despite years of higher education and a judicial internship, I was a horrible writer. Since then, practice and experience have helped me hone my skills, and I picked up a few tips along the way that may help new and experienced attorneys alike.

Never assume your audience knows the full story. Even if you filed a thorough complaint or provided very specific details about important discovery issues in prior briefs, don’t assume that your audience will review the entire file or comb through exhibits to come to a decision. Present the facts—along with pinpoint citations to supporting evidence—in a succinct and cogent manner.

Provide a clear road map and a memorable conclusion. Many judges have a full caseload, so do them a favor and get to the point. Present the relief you’re requesting, along with an outline of your argument, clearly and concisely in the beginning. Make sure case citations support your argument—don’t just rely on the headnotes. End on a high note: Draft a conclusion that isn’t generic, and summarize why the court should grant your request.

Stop pretending to write like a lawyer, and get feedback. There’s nothing more distracting than reading a brief riddled with words that no one would use in conversational English—skip “heretofore” and “come now.” Solicit feedback from seasoned attorneys who don’t pepper their briefs with unnecessary legalese. And don’t take it personally when your brief comes back covered in redlines—your goal is to be a zealous advocate for your client.

Keep these few rules in mind, and you’ll see an improvement in both your writing and advocacy skills.

Amy E. Keller is a partner at DiCello Levitt & Casey in Chicago. She can be reached at akeller@dlcfirm.com.