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Coach
Start with a bullet point outline. Before you get too far in the weeds, make it easy to cut/paste and restructure. It should be something you could explain to a 5 year old. Play with the order. Then once you have the bones in place you start fleshing it out, starting with the headers. (A judge should be able to grant your motion based on the headers alone)
Personally, I like to keep a separate copy of my outline for quick review, and I keep a word count on each bullet. Let’s you start to see where you’ve gotten heavy.
In lieu of the standard writing resources, I’d recommend you look at TED talks and seminars on how to story tell (they’re geared towards business people and making better presentations). That will teach you the art of crafting a narrative.
Thank you. I will try that.
Please read Legal Writing in Plain English by Bryan Garner. It completely changed how I view legal writing (and our trade). You’ll meet four new friends in his book. Your task is to let each do their job while NEVER allowing any of them to work in parallel. Please meet the Madman, the Architect, the Carpenter, and the Judge—I hope you’ll become close: https://www.ut-ie.com/b/b_flowers.html
Yes! The method described above is pulled from a non-lawyer English professor!
In addition to the helpful advice above, keep track in your outline of what are truly the dispositive issues based on the law (for a brief). When the judge reviews the briefs, she will be looking out for the issues that the case turns on. The parties’ reply briefs will usually boil down the key issues.
I found that looking at my writing through the lens of the decision maker helped me decide what was necessary and unnecessary to include. What will the judge care about?
I’ll try that. Thank you. I appreciate it.
Read each paragraph out loud after you've written it. You'll notice immediately if it doesn't flow or is jarring or a run-on.
Thank you! I’ll try that too.
Helps to have a very clear structure in mind before you start writing. Bryan Garner says something like disorganized thoughts will lead to a disorganized brief.
My specific crazy process: I type up all my thoughts into a messy document, and then move them around into logical groups where possible, sometimes leaving miscellaneous little things at the end. Then I asses the arguments I need to make from a 1000 foot view—considering the goal of the brief, the legal standard for what I have to show (sometimes that’ll be a natural structure), all my research and any sample briefs, the arguments of the other side if it’s an opposition or reply—and outline the main headings for my brief. I spend like, so much time getting them just right. And then I’ll assimilate my messy thoughts into that structure, if they were important — sometimes I’ll decide they weren’t. (Sometimes in organizing my messy thoughts under my headings, I’ll add subheadings too.) And then, after I have a super clear vision of my structure, I’ll start drafting and weave it all together.
Coach
This is the chaos I’m here for….
Not really a helpful tip but I had the same problem. I switched to a practice area that involves contract drafting rather than persuasive writing and I’ve found it much better.
I might try that. Thank you.
IRAC
Thank you. I have tried using similar briefs and/or motions but the partners at my firm still do not like how I structure my writing.
Agree with all above regarding outlines/pre planning before you start writing. I also suggest that before you start writing, you explain the case/issues/your argument to someone who is not involved in the case/isn’t an attorney (maybe a spouse or friend). Since they won’t have background on it they are a good proxy for how a law clerk or judge would come into reading your brief. If you can explain it in a way that they can understand you’ll know how to write the brief. They can also ask questions to help you figure out where you can be more clear, etc.
Thank you. I’ll try that.
I find it helpful to read opinions and follow the court’s organization, haha
Thank you. I’ll try that.
Write out and outline your logical steps and once you have that writing it is easy
Thank you.
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