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Five Resolutions for Litigators
Better Motions and Briefs
- Custom introductions.
If, say, you’re moving for a protective
order, don’t waste time accusing your opponent of being on a fishing
expedition—that’s too trite and predictable. Explain instead why the document
your opponent seeks isn’t helpful—or why producing it might cloud the issues.
- Lead with why.
Turn each heading into a reason the judge should do
what you want. In your first draft, include the word “because” in every
heading and subheading.
- Show, not tell.
In fact sections, replace
characterization and opinion with record cites that lead to only one
conclusion. “Plaintiff has engaged in dilatory tactics” is not a fact—and it’s
not persuasive. “Plaintiff has missed three deadlines for responding to
interrogatories” forces the same conclusion without the manufactured spin.
- Replace adverbs and adjectives with logic and proof.
Let nouns and verbs make your argument. Clearly, patently, obviously, literally, and
egregiously make your points seem muddled, uncertain, unclear, nervous, and
defensive. Similarly, try replacing “Plaintiff makes numerous amorphous and
conclusory arguments” with “Although Plaintiff insists that X, Y is the law.”
- Cut useless dates and definitions.
Rather than providing a specific
date, convey chronology in a way that gives the judge a sense of time. Replace
“On January 8, 2005, Jones turned herself in” with “She turned herself in two
days later.” And avoid “Defendant Widget Corp (hereinafter referred to as
‘Defendant’).” Judges catch the “Defendant” reference just fine without the
definition!
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