Watch your language

Posted on January 3, 2011 by Robert Boggs

I happened to run across an old posting at Litigation & Trial.  The post is labeled "How To Write Your Brief So That The Judge Will Hate You" and can be found here.  I think it is well worth reading.  It seems to me that the language (sarcasm and sniping at the opponents) found in the brief that is quoted in the article is all too common. My first thought was that the next time I see such language in an opposing brief I would find a way to point it out to the judge, but on second thought it seems that one can "point it out" simply by not doing it your own brief and the stark contrast should say all that is needed.

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The Point?

Posted on April 2, 2010 by Robert Boggs

There is a post at the New Legal Writer about immediately getting to the point in memorandums and motions. If the point or your position doesn't become clear until the fifth or sixth page you are wasting time. I have heard a lot of cases as an arbitrator and can attest to the fact that starting right off the bat with your main point or position is very helpful. If I read six pages into the memorandum and then I am told the point,  I have to go back to the beginning to read the first five pages so that I can analyze those pages in reference to the main point. Without knowing the point the only thing going through my mind is, "What is this all about?" If I know the point right off the bat then I am reading the first five pages thinking about whether or not he or she is proving their point. That way is much more efficient and it makes the arbitrator or judge's job easier and if you make the judge happy then you might just get edge over your opponent.

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