Elbows Off the Table
Welcome back to Day 3 of our Brief Bites series! So far, we’ve discussed serving fresh food with well-researched case law and keeping your briefs clean and professional by taking the gloves off. Today, we’re focusing on the importance of establishing legal posture early.
A quick Google search reveals various theories on why placing elbows on the table is frowned upon—from concerns about shaky tables to elite decorum. Regardless of its origins, the concept offers a valuable lesson for brief writers.
Good Posture Makes a Good Brief.
The best way to make a winning impression in a brief is to establish your legal posture early. This approach helps the court quickly focus on the merits of your case, reducing confusion and ensuring the strongest parts of your argument are clear from the start. Inform the court of your main arguments clearly and promptly. Lay the foundation by clarifying essential elements such as:
✅ Jurisdiction
✅ Standard of review
✅ Procedural history
✅ Legal bases for relief
Skipping these essentials can make your brief feel slouched and unbalanced. Just as poor posture at the table can make a guest appear lazy or inconsiderate, failing to establish legal posture early can leave the court wondering why they should continue reading.
Why It Matters: Establishing strong legal posture sets the tone for a well-structured argument and helps the court understand your position from the beginning. Legal posture helps:
👉Clarity for the Court: Early clarity shows the court that your case is timely and your requested relief appropriate.
👉Enhance Professionalism: Strong posture reflects preparation and respect for the court’s time and process.
Remember: Don’t skip the basics. A well-balanced brief that establishes its legal posture early earns trust with the court and sets the stage for a persuasive, credible argument.
Stay tuned for Day 4, where we’ll explore why waiting until everyone is served matters in your legal writing. Proper timing ensures your arguments are clearly presented and well-received.
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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.