What Is a Pretrial Brief?
- A pretrial brief lists the attorney's name and the name of the person she is representing. The introduction takes several forms. Some lawyers write a one- or two-sentence introduction that summarizes the main points of the case; others write a long introduction that includes case law and any precedents that may have an impact on the case. Lawyers may also provide a list of sources and references used in the brief -- known as a table of authorities -- to let the judge know the source of the lawyer's arguments.
- The statement of facts section follows the introduction and details the specific facts of the case. This section typically does not contain legal arguments and simply relays the sequence of events that led to the trial. Often, the statement of facts is culled from police reports, witness statements and interviews conducted with a plaintiff or defendant. A lawyer presents the facts in such a way as to favor her client, but cannot alter, amend or distort the facts.
- A lawyer presents her client's case in the argument section of a pretrial brief. She uses case law and legal precedent to explain the basis on which she will argue her case. Every statement in the argument must be supported by evidence or case law. A lawyer's goal in a well-written argument is to convince the judge that her client can win the case based on the material she is presenting. When citing case law, however, a lawyer must provide a factual correlation between that case and her client's situation.
- A pretrial brief ends with a conclusion that summarizes the document and states why the lawyer believes she will win the case. Defense lawyers who submit pretrial briefs often conclude by expressing doubt that the plaintiff's case has merit and provide examples supporting her case. The conclusion of a pretrial brief is similar to the closing argument in a trial. The goal is to convince the judge that the sum total of a lawyer's presentation proves or disproves the case.
Introduction and List of Sources
Statement of Facts
Argument
Conclusion
Source...