Wednesday, September 05, 2007

Tell me about the case . . .

Good advice that more lawyers and law students should follow:
Refrain from describing the facts of precedents that you will not be comparing to your case. Just because you cite a precedent in your memorandum does not mean you must describe it in detail. Some precedents are important because they state the rule clearly and coherently, others because they described the policy underlying the rule, still others because their facts are sufficiently similar to your case that they can be used to make apt comparisons.
Austen L. Parrish & Dennis T. Yokoyama, Effective Lawyering: A Checklist Approach to Legal Writing and Oral Argument 77-78 (Carolina Academic Press 2007).

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