Appellate Insights

Clear, concise legal writing is more important than ever, with court closures leading to motions being decided on the papers and creating a backlog for judges to sort through when the courts reopen.  Tailor your use of legal authorities to help the judge quickly see why you should win:

• Preface a discussion of cases with a sentence or two about how they are relevant – don’t keep the court guessing until the end.
• When describing a case, include only details relevant to the point for which you’re relying on it.
• For any case cited in passing, include a parenthetical quoting the key language or otherwise demonstrating the case’s relevance.
• Avoid string cites, unless your point is that multiple courts have come out the same way on a controversial proposition.

►  The practical message:  Ruthlessly edit your legal arguments.  Strip away citations and details that don’t add anything, and concisely explain why the authorities you do cite support your position.