Dear Legal Writer: When Discussing Cases, Always Specify Procedural Posture& Outcome

Dear Legal Writer: Every year in BigLaw (except perhaps 2009), there was a fresh crop of first-year associates. You could feel the buzz of beginnings in the air on Day 1. There was nervous energy & excitement, and they brought a powerful injection of energy and enthusiasm into our department. 🛑 BUT . . .

There was one serious mistake they’d all always make.

It happened when they wrote up case-law research for me—whether in an email, a research memo, or a draft brief.

The mistake was this: they failed to specify any case’s procedural posture or what the prevailing party “won.”

😖 It caused me so much frustration! Please don’t make this mistake.

👉 You must make clear both the procedural posture and the outcome for every single case that you use as a comparator case to your case.

🔷 If you are writing on a summary judgment motion (MSJ), for example, you must specify whether the cases you discuss actually granted or denied the moving party’s motion.

Sometimes, you might get a helpful holding on one issue, but the case ends up going the other way on a second issue that becomes dispositive.

⭐️ Those details are critical to include so that your Reader knows how much weight to give the case.

👉 Don’t make a court clerk or law firm partner have to look up the cases you cite just to determine how they came out.

Remember, your Reader is busy. Your Reader has little time, little patience. Your Reader will become annoyed with you if you make things hard.

👉 Always make your Reader’s experience as simple and pleasurable as possible.

Please let me know if you have any questions. I am sending you fortitude and determination during your brief-writing process. I know it can become all-consuming. I’m rooting for you behind the scenes.

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🗳️ Lawyers: What research, writing, or other mistakes do you see new associates make? Let’s try to get rid of some of these while folks are still in the law-school learning stage!

Fondly,
💌 Amanda

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