Legal Practice Tip of the Day`

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.