What tone should a legal brief be?
Asked by: Cara O'Kon | Last update: October 8, 2025Score: 5/5 (54 votes)
Be tough, not mean. If you spend most of your brief criticizing the other side over minor or peripheral issues, then the judge will suspect your core arguments are weak. And be polite.
What makes a good legal brief?
Creating a winning brief requires significant attention to detail, research, a thorough understanding of the legal issues involved, flawless formatting, and the ability to think one step ahead of any counter arguments.
What is a legal tone?
When addressing the court, an attorney should strive to “be the voice of reason—with a tone of unflappable calm,” as legal writing expert Bryan Garner has put it. Educate the court on the law and the issues respectfully. In Making Your Case: The Art of Persuading Judges, Garner and his co-author, the Hon.
What is the format for a legal brief?
Every standard legal brief has a few basic elements: An Introduction that articulates the party's claim and introduces the party's theory of the case and the procedural history of the case. A Table of Authorities (TOA) section that describes all sources of legal authority used in the brief.
What do legal briefs look like?
Components of a Case Brief A case brief is made up of 7 main components. The main components include the case name, facts, procedural history, issue, holding, reasoning, and rule.
How to Do a Case Brief
What does a good brief look like?
To write a good creative brief you need to make sure it's absolutely clear what needs to be done and by when. It should clarify the objective, make clear any deadlines, and provide as much information about the product or service as possible. Ideally both the agency and the client should have input into the brief.
Do judges read briefs?
"Usually, I will come on the bench with my mind made up' said Judge Gage. "I've read the briefs before I come on the bench. I'm usually just looking for counsel to tell me where I'm wrong."
How long should a legal brief be?
(4) If a party uses a form brief approved for use by the Judicial Council, the brief, including any attachments, may not exceed 25 pages in length. Attachments must comply with the formatting requirements stated in (c)(1) through (c)(7).
How do you structure a brief?
- Explain the goals and motivations. You should start your brief by writing about the project background and brand. ...
- Highlight specific objectives and challenges. ...
- Describe your target audience. ...
- Examine competitors. ...
- Ask for feedback.
What is an example of a legal brief conclusion?
► Example: Considering the facts and law stated above, Plaintiff respectfully urges the Court to grant Plaintiff's motion for summary judgment. ► Example: For the aforementioned reasons, the Petitioners respectfully ask the Court to overturn the decision of the United States Court of Appeals for the Second Circuit.
What is reasonable tone?
A reasonable tone shows the prospect that you understand where they're coming from and share their point of view or concerns. This helps the prospect feel like you're on their side and builds rapport.
What is the legal text style?
While there's no one “official” font style for preparing legal documents, there are a few court-approved fonts that are considered most easily readable: Arial. Century (and Century-related fonts like Century Schoolbook) Verdana.
What is a legal theme?
The theme will be your mantra during all aspects of the trial from voir dire, opening statement, direct and cross examinations to closing argument. Usually, there is one overarching theme for the case. But that doesn't mean that there aren't other sub-themes that also apply to certain aspects of the case.
What makes a bad brief?
Here are some examples of poor briefs we have seen. The Closed Book. Here, the brief is so tight, with no room for manouevre that you wonder why the client has approached a creative agency rather than an artworker, or worse still, done it themselves.
How many words is a legal brief?
The Federal Rules of Appellate Procedure and many state counterparts impose “word limits” on briefs and similar documents. Rule 32(a)(7)(B) requires that a principal brief contain no more than 13,000 words, a reply brief, no more than 6,500.
What is the difference between a legal memo and a legal brief?
As you know, the purpose of a memo is to answer a legal question, and your role as its writer is to objectively research and predict the answer. A brief, on the other hand, is written to persuade the reader that one position on the issue is the correct one.
How to format a legal brief?
- The name of the case.
- The names of the parties involved.
- The current stage of litigation.
- The legal issue being addressed.
- Relevant facts of the case.
- The rule of law applied.
- Your argument.
- A conclusion.
What makes an effective brief?
An effective brief incorporates a powerful human insight
A truly motivating insight can propel your client to create something new. It comes from a genuine understanding of the ideal customer, and an honest and realistic view of the world.
What is briefing format?
Usually written in outline format, a briefing paper will seldom exceed two pages in length. Briefing papers provide a summary of an issue, explain a situation that needs correcting, identify any financial implications, and recommend a course of action including arguments for and against the suggested action.
What is required in a legal brief?
Legal brief structure
While there is no hard and fast rule about the structure of a brief, it should contain the following elements: Introduction to your position. Summary of the facts in the case. Arguments in support of your position with cited case law.
What should a good brief include?
Identify & understand your target audience: This is a critical part of the process. The more depth you can provide the better. Great briefs go a step further into the persona, to describe feelings, thoughts, perceptions, motivations. It's also helpful to share what's worked in other activity you have tried.
What does a brief look like in law?
A complete case brief includes all that is relevant to the court's decision: who the parties are, what they want, how the trial and any previous appellate courts responded to the parties' arguments, the relevant facts, the issue, the court's holding, and the court's reasoning.
What color do judges like to see in court?
Above All, Dress Conservatively and Respectfully
Navy blue is a preferred color choice, as it conveys professionalism and makes a serious impression on judges and juries. Ultimately, the impression you first make on the person who will be deciding your case is going to depend on your physical appearance.
Do lawyers actually say "may it please the court"?
The very first statement out of moot court competitors' mouths should always be, "May it please the Court, my name is _____, counsel for the [appellant/appellee], _____." It is very important to remember to say, "May it please the Court;" it is a well-established formality of moot court competition, to which you should ...
Can a judge refuse to look at evidence?
Lawful suppression of evidence means the judge rejects the use of the evidence in the court because they think that the evidence may be inadmissible due to a violation of the Constitution or other statutes that permit the evidence to be excluded.