Make It Easy

• Pages: 13-13
• Date: 01 April 2026
• Published date: 01 April 2026
• Author: Angela Olalde
• Subject Matter: Derecho Público y Administrativo

Appellate Practice

American Bar Association Litigation Section

Spring 2026, Vol. 45 No. 2

© 2026 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be

copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent

of the American Bar Association.

13

Make It Easy

Angela Olalde

Jan 30, 2026

Once you know your audience, make it easy for them to digest and analyze your argument.

Two things help accomplish this: (1) Explain the “ask” and the “why” on page 1, and (2) use

headings to present the most important facts and authorities that support your position.

Judges are busy. Give them one or two sentences that will catch their attention and explain the

boiled-down heart of your argument at the outset. Your “ask” should incorporate the precise

relief you want the court to grant. Your “why” should incorporate the strongest principle of law

you rely on, and how your case fits into that rule. It takes time and effort to do this—not only

must you be concise, but you also must understand the core strengths and weaknesses of your

case to create an effective opener. Done properly, it is worth it.

As for headings, use them to expound on and bolster your short opening statement. This is

helpful because skimming is a common start for many readers before diving into a lengthy

document. It also helps mark important points for those who may reference your brief later on.

So, put unassailable and essential facts in your background section’s headings and subheadings.

Use complete sentences. Cite cases or core holdings in your argument headings. Hopefully,

your readers will understand why you should win by the time they’ve read only the first page

and table of contents.