Vermont Bar Journal, Vol. 40, No. 2 Spring 2014, Vol. 40, No. 1 | Page 42

Where the Rubber Hits the Road

4.
5.

6.
7.

8.
9.

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that need to be addressed before
the merits.
Build a numbered path to victory by
listing the factors and rules that lead
to a favorable outcome.
An introductory one or two paragraphs before your Roman numeral
I provides context, focuses the reader on your essential point, and provides an umbrella of understanding
for your argument that follows. Be
sure the umbrella covers all of your
Point headings.
Each Point heading will usually benefit from a one paragraph roadmap.
Roadmap paragraphs and topic
sentences are effective places to
answer an anticipated question. The
paragraphs that follow provide the
basis of the authority upon which
your argument stands.
Use transitional paragraphs to provide connections, context, and clarity of purpose.
Show rather than tell. Use cases to

make your point. Do the work for
the court.
10. Read your brief out loud. EDIT.
EDIT. EDIT.
***********************************
“Chance,” I said, “you should now have
plenty to think about and apply to understanding Loyal’s question about ‘how the
judge knows where the rubber hits the
road.’” Chance looked across the table at
me with eyes a bit unfocused but with the
wheels obviously turning.
“Thank you, Theo,” he said. “I can see
that I have a lot to think about as I rewrite
the brief for Loyal.” “Let me know how it
goes,” H