Has anyone else experienced major difficulties in their legal writing when moving from plaintiff counsel to a position at defense counsel and making an argument to defeat strict liability and punitive damage claims?
It has been 6 months and the partner has been very patient but I keep getting lost in the morass of facts and cannot draft a comprehensible argument

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This tracks with my experience of having to read impossibly long Complaints and demand letters that begin with broad philosophical platitudes and historical abstracts. 😂

More seriously, start with the jury instructions. They will break down which elements Plaintiff has to prove to prevail on Cause of Action 1. List them out, and plug in the facts of your case that establish or don’t establish each element. P cannot prove elements A/B/C because reasons. For punitive damages to be available, P must show X, Y, and Z. P can’t, because reasons. If a fact isn’t relevant to any element, it isn’t relevant to your argument/brief. If a fact is in and of itself dispositive, highlight the hell out of it. Your job is to make the judge’s job simple, not take her on a journey through Defendant’s alleged misconduct/negligence and frolic about in Plaintiff’s alleged injuries and how Her Life Changed Forever. Limit your facts to only what actually matters, i.e. the things P must prove for your client to be on the hook for the alleged damages.

Good legal writing is clear and concise. Make your point as quickly and cleanly as possible.

Just my two cents.

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More like a Buffalo nickel. Reward yourself with a trip to the water cooler 🦬

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I have seen several attorneys who made a similar switch go through the same issues. It is a major change in mindset. Eventually, things finally clicked but it is individualized for each attorney.
I found the best way to help was to find a similar motion for them to review just to get the feel for that type of writing and those arguments. Maybe that will help you?

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Agreed. Go on Westlaw (if you can) and RECAP, and read. Read granted motions. Read denied motions, the corresponding responses, and replies. You’ll see a lot of cringeworthy stuff, but you’ll also see a lot of “that’s how I should present this argument.”

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