Dear 1L

Dear 1L,

Here is a tip for writing advocacy briefs this semester.

✏️ Write to a 4L.

The person you ultimately need to persuade is the judge. But the judge may never read your brief. The gatekeeper is the law clerk. That clerk will make a recommendation to the judge about which side should prevail.

That law clerk just graduated from law school—likely is a 4L—not much different than you. That is your Reader.

That Reader has never heard of your case. That Reader likely has no knowledge about the legal concepts in your case. That Reader may not have even heard of your case.

All can likely be said of the judge, too!

Your first job is to educate your Reader. If your brief is not clear, it will not educate. If it does not educate, it certainly will not persuade.

Err on the side of writing too simply. You cannot go wrong. The law is complex. It is abstract. Your job is to explain it—to TEACH it to your Reader. Make it easy for your Reader to learn.

Make it easy for your Reader to recommend that your side prevail.

You know well how frustrating it is to read court decisions that are ambiguous and confusing. It annoys you. You have to go read supplements and other writings to understand.

You don’t want the clerk to have to look any further than your own brief.

🔹Don’t annoy your Reader.
🔹Don’t create extra work.
🔹Make your brief as clear and simple as possible.

Clarity and simplicity go hand in hand, and they are the cornerstones of powerful legal writing.

Fondly,

Amanda