Mistakes To Avoid When Writing Legal Motions

Examining factual patterns and presenting arguments in documents like legal briefs and memoranda are both aspects of legal writing. A legal motion is a multipurpose procedural tool that trial lawyers should be quite familiar with. You can address the court directly and request something particular by writing legal motions. It's also an excellent method for you to share your narrative and inform the court of the case's facts and relevant legal precedents.

Simply put, a trial lawyer's array of tools includes motions, which are of utmost importance. They can create a huge difference between winning and losing a lawsuit if used appropriately and on time. Sadly, nearly all rookie attorneys—and even some seasoned ones—fail to utilize this multipurpose instrument fully.

What Mistakes Should You Avoid When Writing Legal Motions?

• The primary objectives of writing impressive legal motions include:
• The intent behind the motion must be grasped swiftly by the Judge.
• Using a line of cases and a few supporting facts to sway a Judge.
• The purpose of this paper is to convince the Judge to rule in your favor by using the evidence and information you provided.

The Judge's needs are frequently thwarted by the prevalent errors. Either they slow down the Judge's ability to get to the meat of the argument or divert the Judge's attention away from making a decision.

Here are some mistakes that you need to avoid while crafting legal motions:

Mistake 1: Neglecting to provide a compelling introduction

Far too often, the first sentence of a motion or answer is not a summary. The following are examples of terrible introductions to motions:

• a lengthy exposition of basic legal norms or principles without applying that law to the argument;

• a thorough procedural history of the case untethered to the issue in dispute; or

• a lengthy introduction of the facts of the case that do not impact the relief asked in the motion.

You shouldn't spend more than half a page on a summary. It defeats the objective of a summary, which is to swiftly convey the essentials if it goes on for more than two pages.

Mistake 2: Not utilizing compelling argument headings

Unless the motion is extremely brief or has just one argument, it should have argument heads. Headings serve essential functions:

• Arguments should be summarised in headings. They aid the court by summarising the subsequent part of the argument in one compelling statement.
• Headings assist judges in locating arguments. Frequent, short titles aid the Judge in locating a specific argument.
• Headings assist judges in organizing their processing of information. By drawing the court's attention to the outline of the argument's essential points, headers assist the Judge in understanding how the details support these main points.
• Headings indicate the beginning of a new argument. Because they signify a fresh argument, headings assist a judge's brain shift gears. They ensure the Judge does not overlook it.

Mistake 3: Not connecting the dots in the argument

Too frequently, supporters skip logical stages in their arguments. The advocate may presume a step in the argument's logic and ask the court to do the same. However, judges do not always assume the same thing, even if the assumption is rational.

A motion or answer that is compelling should connect the connections. It should detail each stage of the argument's rationale.

Endnote

If you are doing motion practice in federal court and want to impress a Judge with persuading legal motions, you must consult professionals. You can take help from experts in writing legal notes, such as Eximius Writing. Visit our website and consult specialists in motion writing.