Dear 1L,

Here are some tips for the Introduction to your brief.

✏️ To BEGIN

Remember that your Reader is busy—think tiny attention span. Grab their attention and get to the point.

Your Reader seeks information. That can’t happen if they’re confused. Above all else, strive for clarity. Best are short, crisp sentences in an active voice.  

Dear 1L,

In September, I started posting original content on a regular basis. I still have loads to learn, but here are three basics I wish I’d known when I started.

✏️ TIP 1: HOW TO RECOMMEND A POST

If you read a post you really like and want others to see, too, don’t just “share.” Instead, or in addition to, drop a comment to the post.

Dear 1L,

In reviewing recent writing samples, I am reminded of just how many wordy ways there are to say “because.” Don’t go these ways. Just say “because”:

• In light of the fact that

• Due to the fact that

• As a result of

• For the reason that

• On account of the fact that

• On the grounds that

Cut these clauses. Just say “because.” 

Dear 1L,

When describing what happened in the cases you cite, make sure to include how the case came out procedurally. Do this for every case if you discuss its facts—whether you’re relying on it for support, or seeking to distinguish it.

SUMMARY JUDGMENT BRIEFS:  If you are writing on summary judgment (SJ), include your answer to this question:  

Dear 1L,

When I look at drafts of your writing, one of the first things I do is reword almost all sentences that start with “However, …” 

“But starting sentences that way is grammatically correct,” you might protest.

And you’d be right. Nevertheless, I suggest you limit your use of this sentence-starter. Here’s why.

Dear 1L,

Most of you are writing summary judgment briefs this spring.

You approach these briefs without the benefit of any prior, pre-trial litigation course. You also have never written a legal brief before. And in your fall Civ Pro class, you are lucky if Rule 56 even came up.

I thought a little primer on procedure, with some phrases to use, might help.

Dear 1L,

I was thinking about people (in the legal, LinkedIn world) who post original content regularly—substantive content, not sales. Their posts really seem to resonate with law students (and seasoned lawyers).

There are many, many names that I am forgetting, surely, but the names below came to me first, off the top of my head.

Dear 1L,

Five steps for efficient Outlining this spring.

Make your end-product a series of essay outlines. One for every Topic on which you might be tested.

Start with my template for Standing (I’ll put the link to that post in the Comments).

The goal for each Topic outline is to include all items you might put in an essay on the Topic (Rules, Elements, Explanations, Cases and Policies).

Dear 1L,

Here is the start of an outline template for an IRAC exam essay. 

I did the below based on Article III standing, but if you use the template to start writing on any issue in any typical IRAC essay, it should help you remember to cover everything.

N.B. As with anything I write about IRAC, there are many approaches that can work. If you have already developed one that worked well for you in the fall, keep using what you’re using.

Dear 1L,

I will never forget the job interview I flat-out bombed.

From a young age, I had learned I should always downplay my accomplishments. To be humble. To be liked.

The lesson was “taught” to me by those in the early-teen “cool” cliques. They all hated school. They hated their mothers. They hated almost any adult-sponsored thing.

Dear 1L,

I am happy for all those of you who have heard about summer plans. I cringe though, thinking about those who are still waiting and not knowing.

This time last year, many of you were waiting and not knowing where you would be going to law school. Look how far you have come!!!

When waiting, and pacing mentally, and feeling so undecided inside, take a moment to stop and think about how far you have come.

Dear 1L,

Be careful with the word “find.”  In fact, don’t use it at all.

Unless sitting as the fact-finder in a non-jury bench trial, judges do not “find.”  They hold, rule, decide, conclude, reason, explain, and determine, among other synonyms.  But “find” is not one of them.

Appellate courts do not find anything, ever.

Dear 1L,

I’ve been studying 1L subjects (as I periodically do, during the semester, just to keep up with what you are thinking about), and I am reminded today by how much I like reading model essay answers.

They teach the law to me (or bring it back to me, as I suppose I know it all already, deep down.) In any event, model answers explain the current aggregate law on an issue.

I thought it might be a fun topic through which to approach learning the DCC (which can be HARD!).

The issues the article raises also look like possible exam questions. It is a quick read. Hope you find it interesting and helpful!

What are you finding to be the most challenging topic in Con Law?

Dear 1L,

When I was editor for law firm blogs and client alerts, I reviewed many dozens of associate lawyers’ drafts. The most pervasive problem? Passive voice.

It pervades law students’ writing, too. Here is how to fix it and why you should.

A. THE FIX - Reorder Words

When self-editing, examine each sentence individually. Identify the Subject, Verb, and Object.