Use executive summaries in litigation briefs
Use this design move to ensure judges don’t overlook your best argument.
Here’s a writing tip for legal briefs and memos: include an executive summary as a text box above the table of contents. Like the top-level argument heading, this executive summary should usually use the formula Conclusion + Best Reason that I recommend in Elegant Legal Writing.
An executive summary helps solve the common problem of overwhelmed trial-court judges overlooking or missing the point of your best argument. Litigators should make it as easy as possible for judges to quickly understand and adopt one’s position.
Here’s an example from a Rushing McCarl LLP trial brief:
I started using this device in Rushing McCarl LLP’s legal briefs last year. (You can see examples of our briefs here). So far as I know, we are the first to try it, just as with putting QR codes in briefs. This is the fun part of teaching legal writing while running a litigation practice: no one can say “no” to trying new ideas.
Ryan McCarl is a founding partner of Rushing McCarl LLP and author of Elegant Legal Writing (Univ. Cal. Press 2024). For more writing tips, subscribe to the Elegant Legal Writing blog and follow Ryan on LinkedIn. McCarl’s book is available on Amazon and Audible.
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