This post is written by Ms. Ritu Sajnani.
When it comes to establishing a lawyer’s personal brand image, there are two components that stand out above the rest. The first is convincing speaking, and the second is persuasive writing.
A strong grasp of the language can help to make your argument undisputable. It takes skill to craft a convincing brief that will enable the judge to swiftly understand your opinion and the supporting evidence you are using to support the desired relief.
We do know one thing about Indian court judges: they are exceptionally busy. The lack of time also brings persistent efficiency that enables them to comprehend the open and hidden fundamentals of every case. It is a lawyer’s responsibility to prevail and prevail quickly during the few minutes of the hearing.
Let’s understand what is (Legal) Brief:
A brief is a document drafted by lawyers, containing facts, reasoning, and arguments in relation to a case, that are required to be presented in court. It is a written statement prepared by attorneys and submitted to a court outlining the facts and justifications to rule in one person’s favour. To convince the court that a client’s argument is stronger than the opposition.
A legal brief must be produced with the utmost precision and accuracy.
The purpose of a legal brief must be obvious, and it must be written rationally and concisely to explain the client’s justification for filing the matter, the desired outcome, and the reasons the court should support the client’s position.
Now, you must be wondering what a brief look like or what is the subject matter it contains.
So, let’s see what are the contents of a legal brief:
- Title & citation: The title page is the very first page of your brief. It contains the case name, case number, and the name of the court in which it will be put forth. Whereas citation means, to quote a relevant legal source such as a constitution, statute, previous judgements, etc for the benefit of the court.
- Table of contents: This page will contain all the headings and subheadings you have used in your brief along with their page numbers. A well-designed table of contents must be included in the legal brief so that the judge may easily refer to any section without difficulty.
- Table of authorities: The table of authorities lists all the legal evidence that is cited to support a claim or assertion. It functions similarly to a bibliography and aids the court and opposing counsel in locating the original publication of any case law, report, decision, or statute.
- Statement of facts: A statement of facts is a description of the facts provided from the client’s perspective that also contains a broad explanation of the client’s case.
- Summary of the issues: This is a crucial part of any brief. We can consider it as a strategic staging or presenting of facts in a way that addresses the legal issues in a case.
- Arguments: Arguments are the aspects of the case that persuade the judge to rule in favour of your client. Legal research is used to back up arguments, which are presented in an engaging and constructive way.
- Conclusion: It is basically a summary of the entire brief. A legal brief must have a summary that gives background information on the subject and calls attention to key arguments and facts.
Here are a few things to keep in mind to make your brief much stronger:
One of the most crucial tools Indian attorneys employ to strengthen their clients’ positions and refute the claims made by the opposing counsel is a legal brief. Lawyers who are proficient in writing and drafting can engage with clients and the court more effectively and build a stronger legal business for themselves.
- Know your client well – You must be completely knowledgeable about your client’s case in order to represent them. You are required to conduct an in-depth study on the subject so that you can later produce legal documents that will be advantageous to your client.
- Honest arguments – There are duties associated with practising law. It is in your best interests as a responsible attorney to create arguments that are factually accurate, true, and authentic. Being dishonest won’t help you advance in your legal career.
- Precision of facts – You should always be precise when you are putting in the statements of facts in your brief. Long and lengthy paragraphs are not appreciated when we consider drafting a brief. It should always be to the point.
- Systematic drafting – A legal brief needs to be written as concisely as possible and shouldn’t be overly long. It needs to be well-organized and well-reasoned! A legal brief must include a central subject that should outline the entire course of the case’s occurrences.
- Use of good grammar – Clear and effective communication depends on good grammar. The effect of your brief can be greatly increased by using proper punctuation. It is not enough to simply be understood; you also want to be trustworthy. A neat and well-written document will be chosen by the judge to better comprehend the case than the average draft from your opposition, particularly in Indian courts where the majority of attorneys fail to pay enough attention to grammatical details in both speaking and writing.
- Strong summary – A brief should contain a thorough overview that highlights all the key pieces of evidence and the cases key concerns.
