Appellate Insights

Your legal brief should not only be engaging but should also be painless for judges and their clerks to digest.  Here are some practical tips to make the court’s job easier.

• Brevity and word choice matter.  If you can convey your point in fewer words, aim to do so.  Avoid unnecessary length—your goal is to make it easier, not harder, for the court to understand the case.

• Separate long sentences into multiple shorter sentences, and long paragraphs into shorter ones.  This helps maintain clarity and keeps the reader engaged.  You want judges nodding their head as they read.  They stop nodding the moment they stumble over an unnecessarily long sentence or paragraph.

• Simplicity is key.  Use clear topic sentences, a logical structure, and relatable examples to guide the court toward the correct conclusion.

▶  The practical message:  Judges have stacks of briefs to read.  Making your writing clear and engaging not only keeps them interested in yours, but also helps them absorb your key points.