A legal brief is a summation of a case or legal argument that is presented in court. It should be factual while remaining concise, and direct to the point. Legal writing classes in first year and moot court competitions teach law students some of the basics of drafting legal briefs. However, some cases in the real world have floundered due to poorly written legal briefs. Here are a few tips to guide legal practitioners, and refresh the memories of some, in writing a good legal brief.
KISS
Keep it short and simple. Courts usually have a set of rules that govern brief-writing. The Supreme Court has one that has been in effect since January 1, 1990. When fighting a federal appeal case though, grab a FRAP, not the coffee drink, but a handbook of the Federal Rules of Appellate Procedure. These handbooks enumerate everything from page margins to length of the brief that should strictly be followed by the brief writer.
Questions Presented
Drafting the questions is a tremulous task. Questions that obviously point toward your favor is not presenting the facts clearly. Master the art of formulating sentences that are neutral-sounding but have subtle hints of the side you are arguing for.
Drop the prose
Law speak as we all know is heavy with prose and other jargon. Facts are crammed in a breath that painfully lasts like a five-line paragraph. Remember that facts should be presented clearly. Take note of the reader’s attention span and patience.
Statement of Fact
All lawyers know that all facts that are put in the brief should be those that can be found on the known record of the case. This consistency with known facts preserve the credibility of the whole brief, and can help you win your case. Other facts, though, can be presented with caution if they are relevant and in a descriptive light instead of a defensive manner.
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