Writing a Winning Motion
February 17, 2013 by David Newdorf
Filed under Lit Tip Of The Week:™ Practical Advice For Litigators
I’ve compiled a selective (and somewhat subjective) collection of tips for better legal writing. Follow these informal rules and you’re more likely to convince both your boss and the judge that you know what you are doing.
- Don’t file worthless motions.
- The Statement of Facts should be persuasive but not argumentative
- Outline your motion before writing it
- Don’t tell the judge the legal standard for granting summary judgment
- Don’t overload your motion
- Vary your style of reciting the authorities
- Revise, edit and shorten
- Don’t set your hearing for a Friday
- Rules are made to be broken
I know, this list of do’s and don’ts doesn’t explain much. If you want to know more, check out my article in The Recorder, which is available online (subscription required).
Or if you prefer to watch my one-hour lecture (and get free MCLE credit), go to lexvid.com.