Appellate Judges Say High‑Quality Factums Are Crucial

“In our court the factum is often far more important than the oral argument.

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You can overcome a bad factum with good oral argument, but doing so is an uphill struggle. If you write a good factum, you have a great advantage …

. . . . . .

I often make heavy use of a good factum in writing reasons.”

— John I. Laskin, J.A., “Forget the Wind Up and Make the Pitch: Some Suggestions for Writing More Persuasive Factums” (1999), 18 Advocates’ Soc. J. 3.

“Well-written briefs are critical to effective advocacy … Appellate judges see an almost endless supply of legal writing in the factums before them. The quality of that writing varies greatly. Sometimes it is clear, concise, and forceful. Too often it is muddled, convoluted and tentative … Although judges try to address the merits of a case, not the writing skills of counsel, poor writing can prevent judges from grasping the legal subtleties that counsel is trying to express.”

— Beverley McLachlin, C.J.C., “Legal Writing: Some Tools” (2001), 39 Alta. Law Rev. 695.