Welcome to Day 1 of Brief Write’s Brief Bites! Today’s tip is all about keeping your legal writing fresh and up to date.

Serve Fresh Food

Imagine chips without the crunch—disappointing, right? That’s how a court feels when faced with outdated arguments in a legal brief. Just as no one enjoys stale bread, judges and clerks dislike outdated caselaw. When crafting your briefs, ensure you’re citing the most current and applicable legal authority. Outdated citations can diminish the credibility of your arguments and force the court to question the relevance of your points.

Quick Tip: As a best practice, aim to cite caselaw from the last decade, unless an older precedent is still widely cited and controlling. If you must use old caselaw, follow up with a newer, applicable case that references the older one. This will bridge the gap and prevent the judge from going on a wild goose chase to verify its applicability.

Avoiding stale food isn’t just about fresh caselaw. Strive to keep your arguments fresh and present the facts of your case with a unique and engaging perspective. Readers—whether judges, clerks, or opposing counsel—want and deserve to consume fresh, relevant information.

In short, keep your caselaw and arguments fresh, relevant, and easy to digest.

Stay tuned for tomorrow’s tip where we’ll explore how to maintain professionalism in your legal writing with Gloves Off.

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Disclaimer: The content and images used in this blog, including AI-generated elements, are for illustrative and educational purposes only and do not depict actual legal scenarios. This content is intended to provide general guidance and should not be considered specific legal advice.