Brief-Writing Tips for Paralegals
by Kim Plonsky
Although ordinarily the domain of attorneys, paralegals can, and do, draft legal briefs.
Paralegals as Writers
• • • • • • Correspondence Memos Contracts Deposition Summaries Simple pleadings Email
Paralegals as Researchers
• Legal
• Laws • Cases • Rules of Court
• Medical
• Diseases and conditions • Drugs
• Internet
Research + Writing = Brief
For paralegals, writing legal briefs is the marriage of two skills most of us already possess – legal research and writing.
Legal Arguments + Strategies = Attorney’s Role
When paralegals draft legal briefs, lawyers are free to focus on persuasive arguments, interpretations of the law (that you’ve researched), strategies and tactics, and legal conclusions and inferences to be drawn.
Yes, you can!
While most paralegals can benefit from honing basic writing skills, those who are ready to rise to the next level might consider trying their hands at legal brief-writing.
Goals in Legal Brief-Writing
To present a winning argument by conveying the legal controversy, facts, and jurisprudence, succinctly and specifically. Must be grammatically correct, wellorganized and presented, and have substance.
The Prewriting Stage
• Gathering and keeping handy the substance of the underlying matter, such as:
– Summarizing or extracting details from mountains of file materials – Legal and/or medical research – Locating names and addresses of witnesses and experts, and gathering data as to relevant places, dates, and times – Documents, exhibits, and pleadings
Consult Applicable Rules
• General procedural rules, such as laws and court rules (including any local rules of court) • These may include:
– Page number limitations – Margin and font size – Whether tables of contents/authorities are required
Prepare an Outline
Pertinent points Legal and other issues Arguments Standard of review Burden of proof
Writing Style
• • • • • •
Find out the preferences of the attorney for whom you will be writing Adapt level of formality to forum Be professional and courteous No insults or criticisms of any person or party Avoid using contractions and abbreviations Define terms and use them consistently
Footnotes
• Properly used footnotes can be extremely effective • Use for citation of cases and other legal authorities • Reader is better able to focus on the substance of the material
Use All Available Resources
• Form files and reference materials • Statutory formularies • Attorney practice guides • Other briefs your firm has filed • Briefs filed by outside parties
The Writing Stage
• First, set forth a statement of the relevant facts and procedural history • Next, from the outline prepared in the Prewriting Stage:
• • • • Set forth each issue and/or legal argument Establish the applicable law and/or standard of review Address the law and arguments Formulate a conclusion
When to Stop Writing
Learn to recognize when you’ve reached the optimum stopping point on a brief Have a coworker review your work Take a break from the project, to gain fresh insights Learn to assess the effectiveness of your own writing
Revising and Polishing
• Double-check against an appropriate source of authority:
• Facts and figures • Case citations • Names, addresses, places, dates, times, document references, etc.
• • • • •
Check headings and paragraph numbers Check tables of contents and/or authorities Check for consistent use of defined terms Compile exhibits and attachments Check references to exhibits and attachments
I get ideas . . .
• Paralegals often have more intimate knowledge of the intricate facts and circumstances involved in a given case. • This uniquely equips us to pick up on subtle (and sometimes critical) nuances in a case that might otherwise go unnoticed. • Sometimes, your ideas are on target and put to use; other times, your ideas can serve as a lawyer’s inspiration—either way, it’s a win-win situation.
Benefits of Utilizing Paralegals as Brief-Writers
Cost savings to clients Lawyers are free to work on other matters From 75% to 95% of briefwriting can often be accomplished by a paralegal Lawyers can focus on the substance of the matter at issue
The End
Thank you for your time! Kim Plonsky