Litigators are busy by nature. As trials approach, time disappears. Motions are an essential aspect of any case, not mere speed bumps on the road to trial. A well-written dispositive motion can eliminate the need for trial altogether, and a convincing motion in limine can make or break a trial when addressing key evidence or testimony.
Computers make the physical task of drafting motions much easier. Unfortunately, when time is short, “cut-and-paste” sometimes replaces well-thought-out structure and cohesive argument, making the final product ineffective. Learning to write requires years of diligent study and application. Litigators should analyze effective legal writing by peers and opponents whenever possible and take note of the recurring threads. The following 15 points may be of use to litigators.
1. A motion’s introduction is as crucial to a motion as an opening statement is to a jury trial.
Think of the introduction as opening with the words: “What this motion is about. . .”
The first sentence is your opportunity to grab the reader’s attention.
2. Structure is critical to keeping the reader’s attention. Keep paragraphs concise,
avoiding “PMDs” (Paragraphs of Mass Destruction). One point per paragraph makes the reader’s job easier.
3. Use headings and subheadings often and wisely. Direct, brief and clear headings make your motion easier to follow. Think of headings as signposts alerting readers as to where they are headed.
Authored by Michael Sepanik with Lee, Futrell & Perles
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