Have Courage

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“ What’s brave, what’s noble,

Let’s do it after the high Roman fashion,

And make death proud to take us."

All’s Well That Ends Well, I,2; King of France, concerning Bertram’s father

          The will to win is strong. In striving to succeed in a case, we often want to include every possible argument. Our will to win can induce the fear that we are leaving something out. Don’t succumb to this fear.

         Have the courage to leave out weaker arguments lest they distract the reader from stronger arguments. I know this is hard to do, but we still should do it.  The easy way out is to argue everything and hope something sticks.

             Judges reading briefs will have a harder time finding one good issue buried in other weak issues. You don’t want them searching for golden needles in a haystack of words. Stick to the arguments that really work. Present them clearly, confidently, and assertively. Judges are busy; make their job easier by putting the quality material in front of them with no distractions.

            Involve your clients, if necessary, in making strategic calls with your writing. Most of my clients do not mind being involved in those decisions.