(2) Principle
1) The reader should understand the gist of the case 60—90 seconds.
2) Every part of the brief,every section,paragraph,and sentences should advocate.
3) Argue only the strongest issues.
4) Use strong, simple, active sentences. Good legal writing is good writing.
5) Avoid boiler plate. Integrate legal propositions and authority.
6) Liberally use strong argument headings.
7) Organize tightly. Do not repeat.
8) Each paragraph should begin with a topic sentence that advocates your position.
9) Do not restate your opponent's argument.
10) Be absolutely accurate in your citations to facts and law.
11) Argue reasons,not just precedent. Tell the court why the world will be "a" better place if your client wins.
12) Do not criticize opposing parties,opposing counsel,or a lower tribunal.
13) Avoid footnotes.
14) Write a brief that is as long as it must be,and no longer.
(3) Mechanics
1) Sentences
Write simple, short sentences.
Write sentences you could speak easily.
Generally,use subject—verb—object order.
Keep the subject near the verb,and keep the verb near the object.
Move clauses to the end.
Don't begin sentences with "However."Use"but."
Eliminate clutter.
2) Verbs
Recognize passive voice and eliminate it.
Use active, picturesque verbs rather than forms of "be."
Eliminate unnecessary prepositional phrases,especially those with"of." Eliminate "of"
whenever you can.
Uncover buried verbs,usually those using "-tion,""-ment,""-ence,"and"—ance."
Verb + ing is better than that + verb.
3) Word choice
Prefer shorter words.
Prefer a word or a phrase.
Do not use "pursuant to."
Do not use "such" as a pronoun or adjective.
Do not usé "Mr.","Mrs." Or "Ms."
Cut filler phrases and formulaíc junk.
Eschew jargon and acronyms.
Use the parties' names, not technical designations like "defendant" or "appellee".
4) Layout
Do not use capitalization or underlining in headings.
Liberally use headings and subheadings.
Use bullets.
Use ragged right margins.
5)Other
"Clearly" and "obviously" signal weakness.
Avoid long quotations. Paraphrase wherever you can say it better than the quotation.
Give quotation a context.
Put citations at the end of sentences,even if you mention the case name in the sentence.
In narrative,use relative time rather than dates.
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