Writing Better Briefs: What Judges Prefer

If you're a government lawyer who writes briefs all the time, wouldn't you like to climb into the heads of the judges who read your briefs? Based on a survey of thousands of judges, ranging from state trial court judges to U.S. Supreme Court justices, here are their preferences. As always, follow court rules and an individual judges' preferences.

1. Use the Oxford (or serial) comma. The Oxford comma is a comma that comes before the final item on a list. For example, "This brief will lay out the facts of the case, describe the mental state of recklessness under state law, and will analyze whether the defendant engaged in reckless manslaughter." Most judges prefer that extra comma after the words "state law" as it adds clarity.
2. Put citations in the text, not in footnotes, unless the court suggests otherwise. Most judges do not want to have to look down (or scroll down if reading electronically) to see citations. It makes it too easy to lose your place while reading.
3. Include two spaces after periods. Sorry, one-space fans, but many judges are traditional.
4. Keep your right margin ragged rather than justified. Some judges don't care, but typography experts recommend ragged, which is easier to read.
5. Use italics, not bold, for emphasis. But use emphasis sparingly as some judges think repeated use is unprofessional.

6. Do not write out numbers and also provide the numeral. No need to beat a dead horse. For example, "the three (3) defendants have entered a guilty plea" is excessive.
7. Define terms concisely and rarely, and use words rather than acronyms. If your client is the New York State Department of Education, use the word "department" rather than NYSDOE. Don’t use an acronym unless it is something that is very widely understood (like the IRS).
8. Use contractions cautiously, if at all, but know that the ground may be shifting.  Not all judges hate contractions, but for those who do, note that they really dislike them.
9. Avoid attacking the opposition. Judges do not like personal attacks or belittling the other side. Judge also don’t like attacks on the integrity of opposing counsel, moral judgments about parties, or language that is angry or suggests personal dislike of opposing counsel or party. Avoid these common attack words: disingenuous, clearly wrong, baseless, specious, without merit, frivolous, unfortunately for [the other side], sanctionable.
10. Be judicious when quoting case law. Both trial judges and appellate judges bemoan excessive quoting. Keep it to one or two cases.