Book Review: David Greenwald's Guide to Brief Legal Writing

Summary

• New book cautions legal writers to keep it brief.
• It guides the reader on how to begin with a sentence, put it into a paragraph, form it into an argument, and include it in a brief.

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Good writing and proper sentence structure were hard enough in grade school. Going to law school and relearning how to write can be even more difficult. Thankfully, David N. Greenwald has written a book about how to write. A book that begins with a sentence, puts it into a paragraph, forms it into an argument, and includes it in a brief. In Sentence, Paragraph, Argument, Brief, Greenwald breaks down the fundamentals of writing and puts those principles into the legal writing framework for a step-by-step guide to producing quality, effective legal briefs.

Throughout the first few chapters in Part One, Greenwald explains multiple times that there are various sentence constructions and pieces of writing that can be cumbersome and difficult but are not necessarily incorrect. He also explains how to use them properly without the need to eliminate them as a writing construction altogether. According to Greenwald, “the goal is merely to minimize them so that they do not behave like speed bumps.” Greenwald breaks down a paragraph sentence by sentence, explaining first the different types of paragraphs and the appropriate ways to approach each paragraph with the right types of sentences.

In Chapter 1, Greenwald discusses the sequencing challenges in legal writing. Chapter 2 is about the effective sentence; Chapter 3 is all about the persuasive sentence, how to craft it, when to use it; Chapter 4 is about the professional sentence, asserting that professionalism can be “considered a component of persuasiveness.” A sentence could be any one of the above or a combination of those things—either way, you still must organize those sentences into a logical, effective way.

Chapter 5 begins Part Two, “The Paragraph,” and gives a framework of how to arrange the sentences discussed in Part One into paragraphs that further accomplish a logical, effective legal argument. You start working on the paragraphs by classifying them into one of three categories: instructional, affirmative, responsive. Each of those categories serves a unique purpose in the overall argument and brief.

Once you’ve formed the paragraphs, how do you order them? Don’t worry, Chapter 6 breaks it all down for you. Sometimes the simplest paragraphs have the most sophisticated arguments; sometimes paragraphs are needed to explain arguments. Either way, the order is important in making sure your arguments make the most sense with the most evidence to be the most persuasive it can be. The rule of thumb is to “teach first—argue later” according to Greenwald.

Now that you have formed the argument, it’s time to order the arguments. The first step is to determine if there are doctrinal reasons why certain paragraphs might need to appear first. Other paragraphs might take a more leading position in the organization due to conventional reasoning. Conventionally, it makes the most sense to put the best argument first. Greenwald recommends “assessing your arguments according to three parameters: breadth, impact, and viability.” Continuing to rearrange and work with your paragraphs will help you find the best possible order for the brief.

When formatting the brief itself, don’t overlook the table of contents, which Greenwald addresses in Chapter 8. This piece of the brief is what the judge sees first and should set the judge up to be able to understand everything that follows in the body of the brief. Greenwald offers five rules to follow in formulating a table of contents: State the reason for each result; describe parallel arguments with similar syntax; use the passive voice to show similarities or differences; use should, not must; and avoid compound entries. Each rule has an in-depth explanation and example for readers to follow and translate into their own writings. The last chapter of the book, Chapter 9, offers the advice that “applying psychology means identifying ways to present your client and yourself as likeable.” These can be done in the background statements portion of the brief.

Finally, at the very end of the book, just when you think there is no more advice, tips, or organization methods to follow, Greenwald gives you a three-rule afterword to get better, not just at writing a specific brief, but generally as a writer and a lawyer. First, you should “accept criticism graciously and gratefully…”; then “don’t just assume it’s right”; and finally, “give a damn” about your writing and the desire to improve. Greenwald provides a neat, clean, and refreshing primer on how to be more successful in writing briefs and how to effectively communicate your arguments.

This book is a must-have for all legal writers. It gives lawyers a clear idea of how to write effective sentences, structure them into proper paragraphs, formulate an articulate argument, and provide judges with a strong, easy-to-follow brief on behalf of your client.

Endnotes

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Author

Jenna M. Stankovich

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