Learning to Make a Brief March
[Editor’s Note: This month faculty members share their favorite brief writing or oral argument tip. This is the third entry in the series.]
Maybe it’s like your first kiss, or maybe I’m unusual this way, but I think I will always remember my first brief. I was a new associate working with two partners on the defense of a federal securities lawsuit. The litigation was just a minor skirmish in a larger war: the plaintiff was attempting a hostile takeover of our client, and the litigation was intended to bring some more pressure to bear on our recalcitrant board of directors. Could we do anything to relieve that pressure?
The senior partner asked me to research an obscure provision of securities law that he felt might provide a basis for a motion to dismiss under Rule 12(b)(6). I prepared a memo that carefully assessed the strengths and weaknesses of his theory, ultimately concluding that it was viable. “Great memo,” he responded, “now rewrite your analysis as a brief in support of a motion to dismiss.”
