The Joy of Editing: Better Appellate Briefs

To make a good legal brief, it needs to be short and simple, with a clear structure and logical flow. Put your best argument first, and don’t jump around or repeat yourself too much. Also, don’t make it too long – long paragraphs hurt people’s eyes and make them grumpy. So, edit your brief for length and keep it concise and to the point. When writing a legal brief, don’t get caught up in specific dates unless they’re really important. Also, don’t just throw in a bunch of long quotes from cases, explain why they’re important first. Make sure every fact you mention is backed up by evidence from a reliable source. Double-check all the cases you reference to make sure they’re still relevant. When quoting cases, be sure to do it accurately and always give an honest summary of what the court decided. Read over your work on paper, not just on the computer, to catch any mistakes you might have missed. Make sure the brief follows the rules for the court it’s being submitted to. Check the cover page and the certificate of service. Edit the brief to make it clear and straightforward, avoiding passive voice and excessive adverbs and adjectives. Use affirmative language and reduce the use of “not.” Avoid turning action verbs into nouns. Get rid of unnecessary introductory words and phrases. Use simple language and replace complicated legal terms with simpler words. When writing a legal brief, make sure it’s clear and easy to understand. Avoid using attacking words and phrases, and check for any redundancies. Make sure all the important facts are included and that someone who knows nothing about the case can still understand your point. Take a break and then edit your brief with a fresh mind, and ask someone else to read it too. It’s also a good idea to have the trial counsel and client review it before finalizing. When writing a legal brief, it’s important to make sure everything is clear and well-explained. This means editing and revising your work multiple times to ensure it is easy to understand and persuasive. Make sure the issues and arguments are clearly stated and include all the necessary facts. Also, remember to take breaks between edits to give yourself a fresh perspective. Thorough editing may be boring, but it can prevent others from finding your brief confusing or unpersuasive.

Don’t forget to follow the rules and cite any cases or laws properly. And always keep in mind that communication is key when writing a legal brief. Raymond T. (Tom) Elligett, Jr., and Amy Farrior are lawyers in Tampa who specialize in handling appeals. They are very experienced and have even written a book on Florida appellate practice. This article was originally published in a legal journal and a local bar association magazine. This information is provided by the Appellate Practice Section of The Florida Bar.

Source: https://www.floridabar.org/the-florida-bar-journal/the-joy-of-editing-better-appellate-briefs/