The Fundamentals of Writing a Legal Brief
The legal brief is a capsule of a legal document or case, and this is the kind of document presented in the court proceedings. The legal brief should be factual but concise - it should go right down to the gist of the matter. Writing classes during the first year of law school and the moot court contests instruct students on the basics of drafting a legal brief. Knowing how to write a proper legal brief is vital as there have been actual cases that have been botched up due to improper writing of the briefs. The following are some hints to guide the new entrants of the law profession on writing a legal brief.
Presentation of queries
Queries inclined to go in your favor is not the best approach. Get the art of writing sentences which are neutral in presentation but contain the seeds of defense in favor of the side you are in.
The art of the KISS
No, this has nothing to do with that scary-looking band; it means “Keep It Short and Simple.” The courts ordinarily have sets applied to brief-writing, and the Supreme Court has one too. It was put in enforcement since the first day of 1990. If you are having a federal appeal, get the FRAP. No, it’s not the one you get at Starbucks, but the Federal Rules of Appelate Procedure documents. They give all the technicals of brief writing - from margins to the length of the briefs. Follow them to the letter, because there should be no deviation.
Get rid of the prose
The law parlance is filled with jargon, and facts are stated in a 5-line paragraph. But the most important thing you should remember is that the data have to be given in a clear fashion.
Statements of fact
Each lawyer knows that every fact in the brief has to be found in the known records. Consistency of the established data would give credibility to the entire brief. If one fails to adhere to this, the case can be lost. There are other facts, however, that could still be included if they have relevance. Be mindful that you give them in a descriptive fashion. Avoid the defensive tone as far as these data are concerned.
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