How to Write So Judges Will Like You, 050117 ALBJ, 78 The Alabama Lawyer 216 (2017)

AuthorAaron G. McLeod
PositionVol. 78 3 Pg. 216

How to Write So Judges Will Like You

Vol. 78 No. 3 Pg. 216

Alabama Bar Lawyer

May, 2017

Aaron G. McLeod

I know what you’re thinking. Another article on legal writing? Yawn. But before you turn the page, stay your hand. This isn’t about what the author thinks you should do. This article will explain what you are doing right–and wrong–according to the bench. This is about what judges think. Your author interviewed over a dozen judges, state and federal, trial and appellate, to learn their thoughts on legal writing and hear the advice they would offer to the lawyers who write to them. It was a fascinating exercise, and the results were telling: there was overwhelming agreement on nearly every issue. Space permits only a brief outline of those conversations, though, so we will begin by setting the frame with the single most important thing that judges said lawyers should do–and the worst mistake lawyers can make. Contemplate the plight of your judicial reader. Life on the other side of the gavel is busy, filled with hearings and trials and conferences and 500 lawyers who all think their motion is an emergency that deserves immediate and undivided attention. The court wants to do the right thing, but only has so much time for any one case. So, when the day comes that the judge picks up your brief, what do you think he wants above all else to see?

More than half the judges said exactly the same thing about your brief: quickly get to the point.

Judges don’t know your case. They probably don’t remember its facts or issues since the last time it was before them, and if they do, they still won’t know it as well as you. When they pick up your motion for summary judgment or response in opposition, they don’t want to spend precious moments reading legalese, unconnected facts and page-long standards of review (as if they’ve forgotten the standard for granting summary judgment). What they want to know is what relief you are asking for and why they should grant it. Narrow the focus of your brief, the judges say. Lead with your best argument. Tell the court what you want and why you deserve it. Tell them on the first page.

Believe it or not, there are still lawyers among us who begin a motion with, “Comes now [Full Name of Party] (hereinafter “Short Name of Party”), by and through undersigned counsel of record and files this its Motion for Whatever, and in support whereof respectfully submits unto the Court the following . . . .”

If that’s you, stop it. Don’t do it anymore. You’ve just wasted the judge’s time because that kind of beginning tells him practically none of what he needs to know. The title of your motion is already on the page...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT