TORT TALK PRACTICE TIP

BE REDUNDANT IN STATING YOUR LEGAL POSITION IN BRIEFS

While redundancy in particular word use is to be avoided in brief writing, every effort should be made to repeatedly state the validity of your legal ­position supporting the relief requested.

The first and last sentence of each ­subsection of your brief should contain the legal conclusion that supports your ­client's position. 

Brief writers will often start with a statement of the applicable rule of law but never fully apply the facts of the matter to that law. Or they will apply the facts to the law but not write that next, most important, concluding sentence tying it all together by stating that the law supports the client's position such that the ­relief requested should be granted.

So be sure to end each section of the brief with a sentence set forth in an active voice stating that this part of your legal argument should be accepted as valid by the court under the law provided. 

Repeatedly end each section of the brief with a respectful statement that the motion at issue should therefore be granted or denied, whatever the case may be.