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Read the case file. The case file should contain information about the facts that you or your firm has compiled through conversations or meetings with your client. It is important that you understand these facts as they are critical to your correctly identifying the legal issues in the case. Egg Money Quilts Templates For Word. • Be sure to read the entire file very carefully – missing even the slightest detail could mean you reach an incorrect conclusion.

• Do not dismiss anything in the file out of hand. If you can’t decipher a piece of handwriting (a doctor’s report, for example) seek help until you can be sure you’ve read and understood everything. Make a concise fact list.

As you review the file and court record, prepare a list of the facts. • Include only facts relevant to the legal issues. For example, if you are writing a brief on a “Motion to Compel Discovery,” it would not be relevant to include information about the opposing party’s personal life unless it had something to do with why he or she did not turn over the documents. • Organize the facts into columns of “pro” and “con” (either for or against your position).

• Place a star next to those facts that are especially good or especially bad for your case. • For each fact on your list, take note of the source in which you found it so that you have the citation on hand if you use it in your brief.

For example, if you get a particular fact from the “record” on page 5, you should place (R. 5) after you state that particular fact. Make a list of legal issues to research. Based on your review of the case file and court record, identify the legal issues that are relevant to the brief.

• For example, in the course of defending a lawsuit, an issue might arise during discovery, with the other party refusing to turn over important documents. In that case, the issue would be whether or not the other party is required to turn over those particular documents. • For each legal issue, consider what questions, if any, you would like to answer in the course of your research.

Get an overview of the law. To research the legal issues in your case, you will need to identify the relevant cases and statutes. A starting point for gathering this information is to refer to sources that provide an overview of different areas of the law.

• Ask attorneys in your firm or other attorneys you trust whether they have worked on any cases with the same legal issues you will be addressing in your brief. If so, ask to review briefs or memos they have prepared on those issues.

• Consult recent practice manuals published by state Bar associations. These can be found in law libraries and online through legal research subscription services, such as Westlaw or LexisNexis. • As you review these materials, take note of citations of statutes and cases relevant to the issues in your case. These will provide you with a starting point for conducting your research. Look up relevant statutes. Once you have identified the statutes applicable to the issues in your case, look them up and read them. • Search for statutes online through subscription based websites, like LexisNexis, Westlaw, Loislaw, FastCase, Casemaker and Bloomberg Law.

Kruss Tensiometer K100 Manual High School there. Code and many state statutes can also be accessed for free by searching for them online. • If you cannot locate the text of a statute online, go to a law library and look for it in the relevant code. 'Annotated statutes' are particularly helpful, as they provide an explanation of the law and a listing of relevant cases.

Research case law. Find and read relevant cases you identified through your review of briefs, memos, practice manuals and annotated statutes. • Locate cases online through subscription based websites, like LexisNexis, Westlaw, Loislaw, FastCase, Casemaker and Bloomberg Law. If you do not have a subscription to these services, look for your cases on Google Scholar, which contains an extensive database of state and federal cases that can be accessed online free of charge. • Pay special attention to cases with similar facts in which the holding supports your position. • Consider how to distinguish the facts in your case from cases with holdings that are unhelpful to your position.

Shepardize your cases. Before you cite any cases in favor of your position, you must 'Shepardize' them to confirm they are still good law. • Shepardize online by looking up the citation for your case on Shepard's by LexisNexis, KeyCite by WestLaw or similar services on Loislaw, FastCase, Casemaker or Bloomberg Law.

• Shepardize in print by reviewing Shepard's Citations print guides in a law library. • Keep in mind that any cases that have been overruled are not binding on the current court and should not be used in a brief. Tailor your approach to the type of brief you are writing.

There are two general categories of court briefs: trial briefs and appellate briefs. A trial brief is usually submitted during or before trial in support of or in opposition to a motion filed with the court. An appellate brief is submitted to a court of appeals in support or in opposition to an argument that a lower court's decision must be overturned.

• Appellate briefs are longer and more formal than trial briefs. They require a title page, table of contents and authorities, in addition to statement of facts, questions presented and legal argument. The exact requirements of an appellate brief will depend on the procedural requirements of the appeals court to which the brief is being submitted. • Unlike appellate briefs which generally conform to a set format, trial briefs vary widely depending on the kind of motion the brief is intended to support and the type of court to which it is being submitted (civil, criminal or immigration court). For example, a brief in support of a motion for severance of defendants in a criminal case may look different from a brief in support of a motion for summary judgment in a civil case. • If you are preparing a trial brief, ask a lawyer you trust for a template of a brief supporting the same kind of motion to the same court. Be sure the lawyer specializes in the area of law covered by the brief.

Use this template a starting point for drafting your brief, while always c.