Who can write a legal brief?
Asked by: Mustafa Ernser Sr. | Last update: August 24, 2025Score: 4.3/5 (10 votes)
Unless you're a brand new attorney working at a solo shop that you opened yesterday, I guarantee that you are not the first person within your firm to write a legal brief. In fact, most firms have brief templates that they like associates and paralegals to use time and time again.
Can anyone write a brief?
Anyone can write an amicus brief, but only an attorney admitted to practice before the Court can file the brief (see Rule 37 of the Supreme Court rules).
What is the difference between a legal memo and a legal brief?
Additionally, while a memo is written for another attorney or for a client, a brief is written for the judge(s) deciding your case and your opposing counsel.
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.
Do lawyers write legal briefs?
In general, most lawyers write their own legal briefs, at least in a solo practice or small firm. In a law firm, particularly a large one, the lead partner will sign the brief, but more junior lawyers will typically have done the bulk of the research and writing.
How to Do a Case Brief
Who writes a legal brief?
Unless you're a brand new attorney working at a solo shop that you opened yesterday, I guarantee that you are not the first person within your firm to write a legal brief. In fact, most firms have brief templates that they like associates and paralegals to use time and time again.
How long does it take to write a legal brief?
Since technical errors can put a brief at risk of being rejected, it's not uncommon for attorneys to spend between 20 and 40 hours or more on a complex legal brief, including drafting, formatting, and editing.
How do you write a simple 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.
How many pages should a legal brief be?
The Ideal Length: Striking a Balance
Too short, and you risk omitting crucial information; too long, and you might as well be reading the full case again. As a general rule of thumb, a well-crafted case brief should fall somewhere between one and three pages in length.
What are the two types of legal briefs?
Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. Amicus briefs are briefs filed by persons not directly party to the case. These are often groups that have a direct interest in the outcome. Appellate briefs are briefs that occur at the appeal stage.
Do paralegals write case briefs?
In addition to research, paralegals draft many of the documents that go into official case files and court filings. They help prepare affidavits, briefs, appeals, contracts, and other legal paperwork based on the specific details and needs of each case.
Who writes a legal memorandum?
Law firm associates are frequently asked to provide legal memos to senior attorneys. These assignments are great opportunities for new associates to gain experience conducting legal research and analyzing the facts of a case within the context of relevant law.
Why is it called a legal brief?
The word "brief" has two general meanings in legal parlance. As a noun it can be the written argument a lawyer files with a court in support of his or her client's case. As a verb (as used here), "briefing the decision" means to prepare a short summary of the court's written decision in a case.
Who prepares a brief?
While briefs are primarily prepared by the lawyers working on any given case, high profile supreme court or appellate court cases may inspire third parties to submit amicus briefs . Amicus briefs are briefs prepared by people with strong interests in the outcome of the decision and function similar to trial briefs.
Who writes the briefs?
The marketing team generally writes the brief for the creative team (or agency). The aim of the brief is to help creatives understand the project, the target audience, deliverables, tone of voice, timelines, and budget. Always keep in mind that the people who'll use the brief are your creative team.
What is another name for a legal brief?
Legal memoranda are sometimes called “briefs”. The word “brief”, however, has another meaning – it refers to a short synopsis of a case. Instead of reading a 25 page case, for example, many attorneys will ask their clerks (or their associates) to summarize a case – or to “brief” the case.
How does a legal brief look?
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 should a good brief include?
- 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.
Are legal briefs double-spaced?
Spacing and numbering of lines. The spacing and numbering of lines on a page must be as follows: (1) The lines on each page must be one and one-half spaced or double-spaced and numbered consecutively.
What is the difference between a brief and a memo of law?
To summarize, the legal brief is used in the courtroom to persuade the judge to agree with your case. It is more biased toward your argument and lays out the laws and facts in a way that should compel the judge to rule in your favor. A legal memorandum is less biased than the brief.
What is an example of a legal brief conclusion?
5 Examples of short, effective legal brief conclusions
1. “For the reasons discussed above, we respectfully request that the court grant our motion for summary judgment.” 2. “In conclusion, the evidence presented clearly demonstrates that our client is not liable for the plaintiff's injuries.
What are good legal writing samples?
Share your best legal writing.
Examples could include: moot court brief; upper year seminar paper or research project; memo, letter, administrative comments, or advocacy piece from an internship or externship; clinic work sample; or journal note. o Remember that your sample should (usually!) be only 5-10 pages.
Do paralegals write legal briefs?
Paralegals handle many tasks traditionally associated with attorneys, such as communicating with clients, drafting briefs, and appearing in court.
How do you start a legal brief?
A brief should begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook. 3. Identify the case facts. Next, state the facts of the case.
What court lawyers file briefs?
The trial court is where lawyers file briefs. Published opinions are available only for the state and federal supreme courts.