Writing a Good Brief...Briefly

Writing is a lawyer's most potent weapon. Legal briefs and memorandums will constitute a major portion of the writing that you will do. It is also the place where you can really show your stuff. Here are some suggestions on how to write a brief that will let you put your best foot forward:
Opening and Organization
-Avoid the unimaginative and uninformative opening line. The first paragraph of a brief should be as attention-getting as any other lead in a piece of writing. You want to draw the reader in by being interesting and creative. Use it to promote your argument and show that you have some style.
-Organize your presentation in terms of persuasiveness, not logic. Put your best argument first, even if it is not logical to do so. Assume that judges, law clerks and partners only read the first four pages of your brief or research memorandum.
-Spend time on the statement of facts. This section is where you often win or lose. Use chronology for the narrative and try to tell a compelling story.
-Use point headings as steps in the argument of your brief. The point heading should be a concise argumentative statement applying a specific principle to the facts of the particular case. It should not be a statement of an abstract principle of law. It should be interesting and informative and be a clear and complete statement forcefully written.
Argument
-State your side's argument affirmatively. Frame the question in a way that admits only one answer – your answer. Don't let your adversary define the legal issues.
-Deal with your adversary's anticipated counter-arguments. Of course, you may want to save something for reply or to lead your adversary into a trap.
-Think hard about your argument. Use your facts as best you can. Beyond simple analysis of case precedent, broaden your argument in terms of fairness, history, and policy considerations.
Conclusion
-Avoid a bare-bones conclusion. Most conclusions in briefs essentially say no more than "we win, they lose." Such perfunctory conclusions are missed opportunities. Use the conclusion as something more than just a tag line.
-Use the conclusion as a chance to continue your argument. Be creative. Restate your arguments and then add a few lines about the broader public policy implications of the issue or how your adversary's position is another symptom of the decline of Western Civilization.
Here is one last bit of advice. The heart of writing a good legal brief is clarity. Be sure that what you write accurately reflects what you think and what you mean to say. Unless you make yourself understood, you cannot persuade a court, jury, adversary, client or senior associate or partner to do what you want.

Source: “How to Write Right” by Daniel J. Kornstein found at http://www.law.com/special/professionals/pay/fy_2000_09_05f.shtml