By On Oct 11, 2018 Form Templates
The structure is important, Hill says. “In order for our logical syllogism or rule-based reasoning to work, the legal writer needs to prove or provide all of the rules and sub-rules and any exceptions, along with any case exceptions before applying the law to the facts of your case and making any comparisons to precedent.” Judges and other legal readers do not like surprises, she says. “They do not want you to include new law in the application section or any exceptions to the rule after you start applying that rule to your facts. So this form will give the reader comfort and confidence.”
In personal experience, I have noticed a tendency for some boutique firms to write long and prolix letters. This, unfortunately, is part of the whole "boutique" experience. That is, there is a belief that if a client is going to a specific firm to deal with a specific matter, they expect legal briefs and letters from law firms to recite chapter and verse and the entirety of the practice guides. Cynically, this means billable hours. But ethical attorneys should steer away from that. Most likely, a client will be coming to you, hat in hand, simply looking for way to fix his problem. And sometimes a single page can do the trick. Forget the useless fluff.
Whether you are writing a research memo, an opinion letter or a brief, you will need an up-front summary. That typically consists of three things: the principal questions, the answers to those questions and the reasons for those answers. If you are drafting a motion or brief, try to state on page one the main issue and why your client should win—and put it in a way that your friends and relatives could understand. Thats your biggest challenge.
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