One of our former interns, now a BigLaw paralegal, paid us a visit yesterday. (He’s taking the LSAT today, so fingers crossed.) He recently took our Advanced Legal Writing & Editing online seminar, and he was all but gushing about how much more effective he’d become at editing briefs for the lawyers at his firm—especially point headings, tables of contents, and conclusions.
His one gripe was familiar: some senior associates in distant offices often ignore his handiwork. But other associates were enthusiastic enough that he could shrug off the occasional disappointment. Our advice? Blame it on us—and do it preemptively. When you improve point headings, tables of contents, or conclusions, add a cover note that explains what you’ve changed and why before anyone asks. Point your colleagues to Bryan A. Garner’s The Winning Brief and make clear that you’re following a recognized standard, not ad-libbing.
You might say: “I’ve modified the point headings to comport with Garner’s The Winning Brief (3d ed. 2014), pp. 34, 407–22. Essentially, it’s the style of the U.S. Solicitor General’s Office. I hope you like the result.” That may sound like you’re shifting responsibility, but you’re really doing something better: signaling judgment, care, and professionalism. And if all goes well, the brief comes back reflecting the loveliest command in the business: Accept all changes.