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The secret ambition of every brief should be to spare the judge the necessity of engaging in any work, mental or physical
If You Can, Give Your Brief an Organizing Theme
An organizing theme should be a message that shines through detailed facts and case law for a busy judge. This theme should be logical and easy to grasp. It should make emotional sense and should permeate every part of the brief. Some call this a theory of the case.
Use CRAC as a Default Analytical Structure for Each Legal Conclusion
Generally, to prove each legal conclusion your brief advocates, the brief should follow the following format, which some call CRAC (Conclusion—Rule—Application—Conclusion)
Make the Logical Relationships Between Ideas Easy for the Reader to Grasp
Summarize Before Launching into Detail
Summarize the crux of the argument in an introductory, roadmap, or executive summary paragraph. In a recent national survey of federal judges, “[s]eventy-six percent of the judges said it is essential or very important to include an introductory paragraph that explicitly outlines the arguments to follow.” While required for appellate briefs, this is also helpful in trial court briefs as a courtesy to the reader—the court
Open With Your Strongest Argument
“Always lead from a position of maximum strength. This strategy requires you to produce an intelligent answer to the following question: What argument, objectively considered, based on precedent and the court’s previously-stated policy concerns, is most calculated to persuade the court to your benefit?”. In a recent survey of legal professionals, about 30% of judges and attorneys “wanted the first issue presented to be the one most likely to get needed relief, and also to be the most significant issue presented by the case.”
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