Trial Brief

NYSBA Torts, Insurance & Compensation Law Section Journal, Summer 2012, Vol. 41, No. 1, p. 22

3 Pages Posted: 31 Aug 2012

Date Written: 2012

Abstract

The Trial Brief is the advocate's first opportunity to inoculate, educate and persuade the judge on the specific outcome of your case. It is an opportunity almost too good to be true because you get a head start to persuade the judge and opposing counsel. Thus, the second purpose is to educate and persuade opposing counsel and create doubt and risk in his or her position.

A Trial Brief is a short written summary explaining your position to the judge. It states the facts, evidence and legal arguments that you plan to present at trial and should include citations to legal authority, statutes and case law to support your position. An artful Trial Brief will convince the judge that your version of the facts is the true version and supports a plaintiff's or defendant's verdict. Put your summary up front at the very beginning. The entire opening paragraph should be your conclusion or points with persuasive reasoning.

Keywords: Trial Brief, Trial Practice, Litigation, Trial Advocacy

Suggested Citation

Johnson, James A., Trial Brief (2012). NYSBA Torts, Insurance & Compensation Law Section Journal, Summer 2012, Vol. 41, No. 1, p. 22. Available at SSRN: https://ssrn.com/abstract=2138873

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