Clarity Is ParamountIf it ain't clear, it ain't there. The judge won't understand your story if it's too much trouble to follow. She might even stop reading it before she finishes.
Use acronyms sparingly. You know what the "NRTA" means, but the judge has no idea that it stands for the National Race Track Association. It might be better to state the full name only once and then call it "The Association" thereafter.
Unless the acronyms are likely to be familiar to the judges (like "ABA"), don't use more than one in your brief. It's just too confusing. It's even worse when the acronyms are similar (like NBA and NCA).
Explain the BasicsTo make sure that the judge follows your story, assume that the judge does not know the language and practices used by the witnesses. Doctors, police officers, and other people in particular occupations often do things and use words that other people (including many appellate judges) are not familiar with. It is easy to forget this, especially if you are accustomed to dealing with such witnesses in your practice. If a doctor testified that "the plaintiff suffered a contusion to the cartilage of the tibia," explain this in layman's language: "the plaintiff bruised his knee."
I've handled appeals ranging from accounting issues, used car sales, medical malpractice, all the way to ballet. Every time, I step back and say to myself: "I knew nothing about this topic when I started. The justice will probably know just as little. I need to remember that with every word I write!"
Read more: http://www.therecorder.com/id=1202734620427/Writing-a-Powerful-Statement-of-FactsmdashPart-Two#ixzz3ijSyNagj
Use acronyms sparingly. You know what the "NRTA" means, but the judge has no idea that it stands for the National Race Track Association. It might be better to state the full name only once and then call it "The Association" thereafter.
Unless the acronyms are likely to be familiar to the judges (like "ABA"), don't use more than one in your brief. It's just too confusing. It's even worse when the acronyms are similar (like NBA and NCA).
Explain the BasicsTo make sure that the judge follows your story, assume that the judge does not know the language and practices used by the witnesses. Doctors, police officers, and other people in particular occupations often do things and use words that other people (including many appellate judges) are not familiar with. It is easy to forget this, especially if you are accustomed to dealing with such witnesses in your practice. If a doctor testified that "the plaintiff suffered a contusion to the cartilage of the tibia," explain this in layman's language: "the plaintiff bruised his knee."
I've handled appeals ranging from accounting issues, used car sales, medical malpractice, all the way to ballet. Every time, I step back and say to myself: "I knew nothing about this topic when I started. The justice will probably know just as little. I need to remember that with every word I write!"
Read more: http://www.therecorder.com/id=1202734620427/Writing-a-Powerful-Statement-of-FactsmdashPart-Two#ixzz3ijSyNagj