Words Count: The Empirical Relationship Between Brief Writing and Summary Judgement Success
Legal Writing: Journal of the Legal Writing Institute, Volume 22, Pages 61-108 (2018)
48 Pages Posted: 8 Jul 2016 Last revised: 1 May 2018
Date Written: April 23, 2018
Summary judgment motions are critical tools for lawyers trying to resolve cases. This Article is the first to empirically examine whether lawyers are more likely to prevail when they file more readable summary judgment briefs. After controlling for multiple factors internal and extraneous to the briefs, we find that brief readability is significantly correlated to summary judgment success, but that it has a stronger relationship in federal than state courts.
Keywords: Readability, Legal Writing, Summary Judgment, Litigation
JEL Classification: K41
Suggested Citation: Suggested Citation