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Thanks to @OBAlawyers for having me & @JOpolsky talk about written advocacy in the age of remote litigation this morning. ICYMI, a recap of my advice (
https://abs.twimg.com/emoji/v2/... draggable="false" alt="🧵" title="Thread" aria-label="Emoji: Thread">): 1/
100% of participants agreed their goal is to write factums that are clear, concise, and persuasive. Easy, right? You& #39;d think so, but too often there& #39;s a gap between what the judge needs and what the lawyer provides. 2/
What causes the gap, and how can you close it? 3/
Problem 1: Writing before you know where you& #39;ll end up. This forces the judge down your long, bumpy path when a quicker route was open. The fix: separate thinking (in your https://abs.twimg.com/emoji/v2/... draggable="false" alt="🧠" title="Brain" aria-label="Emoji: Brain">) and communicating (into the judge& #39;s https://abs.twimg.com/emoji/v2/... draggable="false" alt="🧠" title="Brain" aria-label="Emoji: Brain">). If you write to think, ok! but not in your factum template. 4/
) and communicating (into the judge& #39;s https://abs.twimg.com/emoji/v2/... draggable="false" alt="🧠" title="Brain" aria-label="Emoji: Brain">). If you write to think, ok! but not in your factum template. 4/" title="Problem 1: Writing before you know where you& #39;ll end up. This forces the judge down your long, bumpy path when a quicker route was open. The fix: separate thinking (in your https://abs.twimg.com/emoji/v2/... draggable="false" alt="🧠" title="Brain" aria-label="Emoji: Brain">) and communicating (into the judge& #39;s https://abs.twimg.com/emoji/v2/... draggable="false" alt="🧠" title="Brain" aria-label="Emoji: Brain">). If you write to think, ok! but not in your factum template. 4/" class="img-responsive" style="max-width:100%;"/>
Problem 2: The curse of knowledge prevents you from appreciating what it& #39;s like to NOT know what you already know. (That& #39;s why your smartest teacher was probably not the most effective.) The fix: empathy. Ask yourself: If I were the judge, what would I want to know? 5/
Here are 5 questions a judge will naturally have before they& #39;ve read a word of your factum: 6/
Bonus: Use your answers to these questions as a formula for your overview (the most important part of your factum). Keep it high level—draw the big picture. 7/
Double bonus: Many judges use this formula for *their* overviews. The more you can mirror their work product in your own, the more helpful (and persuasive) you can be. 8/
That& #39;s a lot to remember, so try this visual cue: When you& #39;re ready to communicate, put anhttps://abs.twimg.com/emoji/v2/... draggable="false" alt="🍎" title="Red apple" aria-label="Emoji: Red apple"> on your desk. It& #39;ll remind you to be that effective teacher—the one who understands their students& #39; needs and gives them the tools they need to succeed. /end
