The Hardest Part to Write Can Be the Introduction
Dear Legal Writer,
Some writers spin their wheels trying to create the perfect opening for the Introduction to their brief. You know, that catchy one-liner that seemingly encapsulates the gist of the whole case at once, often using analogy, metaphor, or other literary device to drive home the writer’s point?
I used to try that too.
It’s almost always a mistake. (Reply briefs excepted, sometimes.)
Here’s why a “zinger” opening line is risky:
Unlike you, who is so deeply steeped in the details of your case, your Reader has no clue. Reading your Introduction may even be your Reader’s very first introduction to the case.
Without knowing the parties or what the case is about, your Reader can’t possibly appreciate the import of a one-sentence, metaphorical analogy or a “gotcha” sentence. It will fly over their head, confuse them, or even annoy them.
Just start simply.
That is perfectly acceptable.
Craft a few sentences that say what the case is about, who the parties are, what happened, and what the issues are.
➡️ “The value of these [introductory] words depends on clarity. If readers do not quickly understand the context and the issue, they will struggle even more as they plunge into the document.”
—Hon. Robert E. Bacharach, Legal Writing 1 (2020).
➡️ “Judges crave an immediate sense of overview. At the beginning of a brief, … [t]hey want to know what kind of case this is and what issues the brief addresses.”
—Hon. Ruggero J. Aldisert, Winning on Appeal: Better Briefs and Oral Argument 182 (1992) (quoted in Bryan A. Garner, The Winning Brief 132 (3d ed. 2014)).
👉 True, they’ll be cases that call for a special flair of rhetoric in your opening line, and if you’re an experienced legal writer and litigator, you might just pull it off. But far more often than not, the “clever” one-liner you’ve become enamored with will land on deaf ears. Worst case scenario, it misses its mark entirely.
So I wouldn’t try it. The last thing you want to do is lose your Reader in your opening sentence.
🗳️ How do you typically start your Introductions?
Fondly,
💌 Amanda
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