Legal analysis: synthesizing authorities
A commenter writes:
- One thing I have noticed in youngsters' briefs that is rather odd is a failure to synthesize the law and the facts of a particular case. They will state the facts, state the law, and then draw a conclusion without explanation.
This falls into the category I call "specify, specify, specify." Do not merely state a legal principle and then assert a conclusion. Specify how the conclusion derives from the principle in light of the facts of your case.
7 Comments:
I think a blog about legal writing should either place the apostrophe in "youngster's" in the correct spot, or insert (sic) to indicate the submitter's error/typo.
Thank you. The mistake is the commenter's, but the failure to edit it is mine.
I'm having this problem with an attorney I am supervising who is new at brief writing... How the heck do you teach this? I am asking him a lot of questions to drive his analysis. It seems he would rather have me just tell him what I want him to write or to edit his writing -- I've used every teaching methond I know -- socratic, providing good examples, providing good articles, redrafting...
Any suggestions welcome. S
For the anonymous commenter who works with someone who cannot seem to learn brief writing. I am at a bit of a loss, too.
The only suggestion I have is to require him to make an oral presentation about why your side whould win the case and tell him he MUST persuade you. Then see what he says. Whatever comes out of his mouth is a decent start on what he should write.
Good luck.
Could you please give an example of what you would deem synthesizing the law?
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