Avoid
sweeping statements: I have
written for judges who prefer to keep opinions to two pages. I have also written for judges who are
infatuated with exploring every last potential issue within a case, even if the
potential issue is not relevant to the outcome of the case. Personally, I have seen such dicta be
used by future litigants (often out of context) far too often. While a thorough approach is of course
a necessary component of a persuasive brief, memorandum, or other submission, I
find it both counter-productive and potentially dangerous to “alert” a judge to
every last potentiality of a case.
This will often serve to make the judge unduly concerned with peripheral
issues, and possibly nervous about rendering an unpopular though legally
correct decision. I believe the
best approach is to state one’s case clearly and concisely, with as much
authority (both mandatory and persuasive) as one can provide.
