Effective opposition and reply briefs can make all the difference. Here’s how to make the most of your unique opportunity to rebut opposing counsel’s contentions.
Review the brief you are opposing for any exaggerations, misstatements of fact, analytical flaws, and anything of significance that is omitted. Then deconstruct it. Read all documents opposing counsel relies on in the fact section, and all cases and other authorities opposing counsel relies on to support the argument. Case cite each case referenced, and determine if you can distinguish as a group several cases on which opposing counsel relies. Focus on facts and supporting authorities opposing counsel relies on that make a difference; don’t waste your limited pages on inconsequential points.