On Dazzling Topic Sentences

[Editor’s Note:  This month faculty members share their favorite brief writing or oral argument tip.  This is the second entry in the series.]  In the theme of the Faculty Blog’s topic of the month, the best brief-writing tip I have received is to spend a lot of time crafting excellent topic sentences.

We all know that topic sentences are extremely important. Together, they comprise a brief’s skeleton, without which the lawyer’s argument cannot take shape. They reflect the brief’s essential points, and clarify the relationships between its paragraphs. A reader should be able to understand the basic contours of the brief’s argument by reading nothing more than the topic sentence of each paragraph.

There are a couple of easy ways to improve the quality of topic sentences. First, make sure that all of your most important arguments make their way into one of them. Doing so improves clarity by enhancing the visibility of the key arguments. Second, reading only the topic sentences, ask whether they logically fit together, and make changes to the extent that they do not. This technique helps to ensure that the brief is well-organized and flows smoothly. Finally, as with all aspects of legal writing, prioritize simplicity. Focus on clarity and directness so that the topic sentences can effectively communicate your most important points.

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Appearing Before the Court

[Editor’s Note: This month faculty members share their favorite brief writing or oral argument tip. This is the first entry in the series.]

When people ask me about the most helpful tip I can give for writing a brief and appearing in front of the Wisconsin Supreme Court, my answer is always “preparation, preparation, preparation.” The most effective appellate lawyers have spent an incredible amount of time knowing and understanding their cases and the applicable and relevant law in the area. They have “mooted” their oral arguments a number of times in front of different lawyers or retired judges. Of course, appellate books and training programs tell you to do that as well.

I believe it is perhaps more helpful for me to write about a significant mistake I have seen very well prepared lawyers make. The biggest error by counsel appearing before the Court is to get too close to the case. They know how they want the case to turn out (although occasionally we had an attorney appear who could not exactly explain what he or she believed the mandate line should say if there is a reversal). We all understand that counsel’s objective (rightfully so) is to win it for the client.

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Legal Writing Presentations at Central States

This past weekend our legal writing faculty attended the 7th Biennial Central States Legal Writing Conference in Chicago. The theme of this year’s conference was “Practice-Ready”: Preparing Students and Assessing Progress. In keeping with this practice-oriented theme, our legal writing faculty presented on three topics: using live critique feedback on student drafts, crafting persuasive word choice through attention to text, subtext, and context, and developing an argument for a new rule of law in an appellate brief.

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