This post, the conclusion of a Top Ten countdown from the Lady Legal Writer, culminates with the correct #1: be clear in your briefs. Write clear sentences; write clear paragraphs, write clear headings, and be very clear about what you want. If someone takes just one thought from this blog, I recommend that you concentrate on the fact that judges are human, just like you and me. Judges suffer from too many cases to decide, too many briefs to read, and too little energy to complete their tasks as they would like to. So what should you as an advocate do? Make your judge’s life–or at least your little speck of it–as easy as possible. When arguing to a judge, either orally or in writing, make your argument as clear and succinct as possible. Do the contrary only if you prefer that your judge not understand you argument.
This whole series–Commandments 10 through to 1–are worthwhile. Earthshaking, no; but unless you never need reference to the fundamentals, the series bears reading in full. (Also, in this last post, she provides an example of some really purple prose. I’m favor more vivid legal writing, but this stuff could merit a Bulwer-Lytton prize! )