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Brief Write’s Brief Bites

Day 5: Pass the Salt

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Welcome back to Day 5 of our Brief Bites series! We’ve explored various dining etiquette principles and their parallels to effective legal writing. Today, we’re focusing on why overreaching in your briefs can be just as ineffective as reaching across the dinner table.

Reaching across the dinner table—whether for salt or the breadbasket—is not only ineffective but also discourteous. When you stretch across multiple people, you bypass those who could have easily assisted you, and you risk knocking over drinks and food, creating a mess that disrupts the dining experience, much like how disorganized arguments can confuse the court

The same problem arises in legal writing. When you stretch too far in a legal brief, you often bypass stronger, more effective arguments to reach a strained or unsupported conclusion. This approach can undermine your entire brief—weakening your strongest points and damaging your credibility.

It’s a waste of both your time and judicial resources to submit arguments not grounded in fact or law. A skilled advocate understands that conceding minor points can strengthen the overall presentation by keeping the court’s focus on the key legal issues. Zealous advocacy means focusing on the most compelling arguments, not throwing everything at the wall hoping something sticks.

If the image of someone awkwardly reaching across the dinner table feels inappropriate, then you can understand why reaching for weak arguments in a legal brief is just as unacceptable.

Remember:  Stay grounded, focus on your strongest arguments, and avoid reaching for strained points that can cloud your message and weaken your credibility.

Tune in for tomorrow’s tip as we explore how using proper utensils—both at the table and in your briefs—can sharpen your legal writing.

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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.


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