Win More Cases Worksheet

PART
A WIN MORE CASES Date started: / /

THE LAWYER’S TOOLKIT Date completed: / /
Case/Project:
File saved as:
Completed by (name):
STEP 1: KNOW THE RELEVANT FACTS
1.1 COLLECT THE FACTS
1.1.1 Identify sources of information
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1.1.2 answer ‘what, who, when, where, why, and how’
(a) What?
Examples
What happened?
What harm or injuries happened?
What caused the dispute or problem?
What does the client want from the dispute?
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(b) Who?
Examples
Who did the events that happened, and to whom?
Who treated the injuries?
Who witnessed the event?
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(c) When?
Examples
When did the event happen?
When did the injury happen?
When did the symptoms show?
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(d) Where?
Examples
Where did the event happen?
Where are the parties now?
Where are the parties’ assets?
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(e) Why?
Examples
Why did the event happen?
Why were the injuries so extensive?
Why did the plaintiff delay in making the claim?
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(f) How
Examples
How did the event happen?
How did the defendant behave?
How did the plaintiff react?
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1.2 COMPREHEND THE FACTS
1.2.1 Write the facts
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1.2.2 Draw the facts
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1.2.3 Explain the facts
You know you have completed Step 1 if you can explain the facts verbally, from memory, and with
no hesitation.
Check this box when you think you know the facts.
Go to Step 2.
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STEP 2: ANALYZE THE FACTS
2.1 LIST FACT KEYWORDS
(a) Parties
(i) Roles
(ii) Relationships
(iii) Special characteristics
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(b) Places
(i) Type
(ii) Location
(iii) Special characteristics
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(c) Objects
(d) Subjects
(e) Timing
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2.2 LIST LEGAL CONCEPTS KEYWORDS
(a) Type of law
(i) Civil or criminal?
(ii) Public law or private law?
(iii) Substantive law or procedural law?
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(b) Area of law
(c) Causes of action
(d) Defenses
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(e) Relief sought
(f) Jurisdiction
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STEP 3: IDENTIFY THE LEGAL QUESTIONS
3.1 INTEGRATE FACT KEYWORDS AND LEGAL CONCEPT KEYWORDS
Question 1
Under [Type of law] + [Area of law] + [Jurisdiction]
Did [Parties] + [Cause of Action] or [Defense] or [Relief]
When [Parties] + [Objects] + [Subjects] + [Place] + [Time]
Question 2
Question 3
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3.2 IF ARGUING AN APPEAL, IDENTIFY SPECIFIC ‘DID’ QUESTIONS1
Did the trial judge …
allow evidence that the judge should have excluded?

allow the opposition to make an improper argument to the jury?
disallow the discovery of evidence that the judge should have allowed?
wrongly determine the facts contrary to the evidence?
exclude evidence that the judge should have admitted?
not apply the appropriate law?
wrongly apply the law to the facts?
lack jurisdiction?
misapprehend the issue the judge needed to decide?
misdirect the jury (or did the jury misdirect itself)?
other (specify)
1
These example questions come from Dennis Owens, ‘Appellate Brief Writing in the Eighth Circuit’ (2001) 57 (2) Journal of
the Missouri Bar 75.
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3.3 RANK THE QUESTIONS
First question
Second question
Third question
PART
B WIN MORE CASES Date started: / /
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STEP 4: GENERATE SEARCH TERMS
4 BRAINSTORM KEYWORDS
Keywords 1
Main keyword
Broader
Narrower
Synonyms
Antonyms
Closely related
Loosely related
Procedural
Agencies
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KEYWORDS 2
Main keyword
Broader
Narrower
Synonyms
Antonyms
Closely related
Loosely related
Procedural
Agencies
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KEYWORDS 3
Main keyword
Broader
Narrower
Synonyms
Antonyms
Closely related
Loosely related
Procedural
Agencies
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STEP 5: SEARCH THOROUGHLY FOR SOURCES
5 SEARCH THOROUGHLY FOR SOURCES
5.1 Identify 5.2 Access 5.3 Assess 5.4 Acquire 5.5 Sort
Brainstorm the ‘5 spheres of Where can you get the source? Is the source useful? Did you get a copy? How? What questions does the
information’ to identify (library, website, database (currency, reliability, detail, (photocopied, ordered a copy, source relate to?
sources providers, etc) relevant, etc) borrowed a book, etc)
List the source (author, title, What date did you access the Where have you stored your
date, case citation, etc) source? copy? (folder, on disk, on
intranet, etc)
How did you find the source?
(databases searched, date of
search, search terms, etc)
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STEP 6: DIVIDE THE LAW INTO ITS
ELEMENTS & INGREDIENTS
PLAINTIFF 1 v DEFENDANT 1
6.1 Area of law
6.2 Legal basis
6.3 Elements and ingredients
[Element 1] [Ingredients] [Sub-ingredients]
[Or draw a chart]
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STEP 6: DIVIDE THE LAW INTO ITS
ELEMENTS & INGREDIENTS
6.1 Area of law
6.2 Legal basis
6.3 Elements and ingredients
[Or draw a chart]
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STEP 7: APPLY THE LAW TO THE FACTS
TO IDENTIFY ISSUES
7.1 List positive and adverse facts for each element and ingredient
7.2 List the positive and adverse evidence for each fact
7.3 Conclusion
[Element 1] [Present/Not Present/An Issue]
[Or draw a chart]
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STEP 7: APPLY THE LAW TO THE FACTS
TO IDENTIFY ISSUES
7.1 List the positive and adverse facts for each element and ingredient
7.2 List the positive and adverse evidence for each fact
7.3 Conclusion
[Or draw a chart]
PART
C WIN MORE CASES Date started: / /
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STEP 8: PERSUADE THROUGH EMOTION
8.1 DESCRIBE YOUR STORY’S CHARACTER
8.2 DESCRIBE THE CHARACTER’S CONFLICT

Does your client have a conflict with …
an institution?
another person?
fate?
society?
themselves?
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STEP 8: PERSUADE THROUGH EMOTION
8.3 RESOLVE THE CONFLICT

Propose a resolution that fits naturally with your description of the character and conflict.
8.4 WRITE YOUR THEME
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STEP 9: PERSUADE THROUGH LOGIC
9.1 CONSIDER INTRA-TYPE ARGUMENTS
(a) List textual arguments
(b) List ‘intent’ arguments
(c) List ‘precedent’ arguments
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(d) List ‘tradition’ arguments
(e) List policy arguments
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9.2 CONSIDER CROSS-TYPE ARGUMENTS
(a) List ‘text versus intent’ arguments
(b) List ‘precedent versus policy’ arguments
(c) List ‘text versus policy’ arguments
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List other cross-type arguments (eg, text versus precedent)
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STEP 10: PERSUADE THROUGH CREDIBILITY
10.1 WRITE WELL
(a) Craft a persuasive Statement of Facts
Tip 1. State your ‘theme’
Tip 2. Tell the judge about the litigant
Tip 3. Then tell the judge the disruption that happened; write the facts
chronologically
Tip 4. If you have complicated facts, structure the facts into compartments,
introduced by headings
Tip 5. For each statement of fact, include a reference to the record
Tip 6. Write the statement of facts accurately and candidly
Tip 7. State your proposed resolution
Tip 8. Return to your theme throughout. But do not tell the judge what to feel;
‘show them the situation, and that feeling will awaken in them’
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(b) Craft a persuasive Legal Argument
Tip 9. State the legal issue in the opening paragraph
Tip 10. Break the issue into 3 sentences:
state the law

summarize the facts of your case that tie into your legal statement
put the issue as a question
Tip 11. But then give your answer to the question (your conclusion) upfront
Tip 12. Make sure you support your conclusion with reasons
Tip 13. And limit yourself to your strongest arguments
Tip 14. Put your strongest arguments first
Tip 15. Use IRAC to organize your arguments
Tip 16. Organize your argument into compartments, introduced by headings and
subheadings
Tip 17. Use argumentative headings and subheadings
Tip 18. Provide an introductory or topic sentence that paraphrases or amplifies

the heading; then follow the introductory sentence progressively with
more specific statements that support your heading until you make your
case
Tip 19. Start each succeeding paragraph with an introductory or topic sentence
that propels the discussion forward to the conclusion in your heading or
subheading
Tip 20. End your paragraphs in such a way as to point to the next paragraph’s
topic sentence
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Tip 21. Make sure each paragraph is about one thing only, which you explain in
each paragraph’s topic sentence
Tip 22. Connect each sentence and paragraph to enable the reader to move along
smoothly. Use ‘transitional’ techniques, such as:
open with words like ‘But’, ‘Also,’ and ‘Moreover’

open with words like ‘This’, ‘That’, ‘These’, ‘Those’
echo the last words of the preceding paragraph
Tip 23. In citing and discussing cases, put the best cases first
Tip 24. Do not provide ‘naked citations’
Tip 25. Rather, present the cases fully enough that the judge does not feel they
must read the case to understand it
Tip 26. And show how the cases fit into your argument, so that the judge
understands their significance
Tip 27. Use a version of CRAC to discuss cases; specifically, summarize what the
case holds before turning to its details
Tip 28. But do not overload your brief with case citations
Tip 29. And do not provide string citations
Tip 30. Adapt your citations to the court and the judge
Tip 31. Do not ignore issues or precedents that harm your case; rather, confront,
explain, distinguish, or accommodate them
Tip 32. But put your argument before responding to other side’s points
Tip 33. And distinguish the other side’s cases briefly
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Tip 34. End with:
a concise statement of why you should win the case—for example, the
injustice or poor policy that will occur if the court rules against you or the
justice that will be served if the court says yes to your client
a specific statement on what you want the court to do
(c) Use the following tips throughout
Tip 35. Understate rather than overstate
Tip 36. Write in a civil tone; omit all scorn, insult, sarcasm, and offensive
language
Tip 37. Use short words, short sentences, and short paragraphs
Tip 38. Keep quotations short
Tip 39. Use people’s names rather than procedural labels like ‘appellant’ and
‘appellee’
Tip 40. Include a Table of Contents that repeats your headings and subheadings
Tip 41. Avoid unnecessary repetition
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10.2 REVIEW YOUR DOCUMENT CAREFULLY
A tip followed by WS means you can use WordStyler1 to help you to implement the tip. You can also
use StyleWriter2 for many of these tips.
Tip 42. Follow all current Rules of Court and Practice Directions, including rules
on …
binding
citation method
color (for example, the color of the cover)
deadlines
whether double-sided or single-sided
electronic format
font size
fonts
information contained on front cover
length (word, line, and page limits)
margins
matters to include and exclude
the order and arrangement of the matter
1
www.wordstyler.com.
2
www.editorsoftware.com/affiliates/CBW/.
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paper
spacing
Tip 43. Compare your citations with the original cases, or at least with a reliable
table of cases
Tip 44. Eliminate misspellings, typographical errors, and grammatical and

punctuation errors
Tip 45. Make sure your document is neat and professional
Tip 46. Quote accurately; compare each quote against the original
Tip 47. Double check references to the record
Tip 48. Number every page correctly, including attachments
Tip 49. In the Table of Contents, make sure the page numbers match the correct
pages
Tip 50. Number headings and subheadings correctly
Tip 51. Number Tables and Figures correctly
Tip 52. Include all necessary attachments
Tip 53. Where you must submit photocopies, submit only clean photocopies
Tip 54. Make sure you have written cross-references, including references to
footnotes ‘above’ and ‘below’, correctly
Tip 55. Format lists consistently
Tip 56. Get rid of unnecessary modifiers (such as ‘clearly’ and ‘obviously’) WS
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Tip 57. Depending on your audience, eliminate hedge words like ‘sort of’ and
‘possibly’WS
Tip 58. Get rid of needless legalese and other jargon WS
Tip 59. Avoid unnecessary nominalizations (for example, ‘carried out an analysis’,
‘made an application’)
Tip 60. Prefer verbs to nouns (for example, ‘analyze’, ‘apply’)
Tip 61. But avoid forms of the verb ‘to be’
Tip 62. Prefer the active voice to the passive voice
Tip 63. Put subjects, verbs, and objects close together
Tip 64. Avoid clichés WS
Tip 65. Get rid of ‘throat-clearing’ phrases (for example, ‘It is significant that’,
‘It is important to note that’) WS
Tip 66. Cut needless words WS
Tip 67. Eliminate redundancies (for example, ‘excess verbiage’) WS
Tip 68. Where possible, turn negative phrases (for example, ‘he did not
remember’) into positive phrases (for example, ‘he forgot’)
Tip 69. Avoid using abbreviations; at the very least, define all abbreviations
Tip 70. Make sure you have written dates and numbers accurately
Tip 71. Include pinpoint page references in your citations; double check them
Tip 72. Use capitalization consistently
Tip 73. Avoid ALL-CAPITAL LETTERS
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Tip 74. Format quotations correctly
Tip 75. Use hyphens consistently

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PART

A WIN MORE CASES Date started: / /

1.1 COLLECT THE FACTS

1.1.1 Identify sources of information

1.1.2 answer ‘what, who, when, where, why, and how’

 What harm or injuries happened?

 What caused the dispute or problem?

 What does the client want from the dispute?

 Who did the events that happened, and to whom?

 Who treated the injuries?

 Who witnessed the event?

 When did the event happen?

 When did the injury happen?

 When did the symptoms show?

 Where did the event happen?

 Where are the parties now?

 Where are the parties’ assets?

 Why did the event happen?

 Why were the injuries so extensive?

 Why did the plaintiff delay in making the claim?

 How did the event happen?

 How did the defendant behave?

 How did the plaintiff react?

1.2 COMPREHEND THE FACTS

1.2.1 Write the facts

1.2.2 Draw the facts

1.2.3 Explain the facts

2.1 LIST FACT KEYWORDS

(iii) Special characteristics

(iii) Special characteristics

2.2 LIST LEGAL CONCEPTS KEYWORDS

(a) Type of law

(i) Civil or criminal?

(ii) Public law or private law?

(iii) Substantive law or procedural law?

(b) Area of law

(c) Causes of action

(e) Relief sought

3.1 INTEGRATE FACT KEYWORDS AND LEGAL CONCEPT KEYWORDS

Under [Type of law] + [Area of law] + [Jurisdiction]

Did [Parties] + [Cause of Action] or [Defense] or [Relief]

When [Parties] + [Objects] + [Subjects] + [Place] + [Time]

Under [Type of law] + [Area of law] + [Jurisdiction]

Did [Parties] + [Cause of Action] or [Defense] or [Relief]

When [Parties] + [Objects] + [Subjects] + [Place] + [Time]

Under [Type of law] + [Area of law] + [Jurisdiction]

Did [Parties] + [Cause of Action] or [Defense] or [Relief]

When [Parties] + [Objects] + [Subjects] + [Place] + [Time]

3.2 IF ARGUING AN APPEAL, IDENTIFY SPECIFIC ‘DID’ QUESTIONS1

Did the trial judge …

allow evidence that the judge should have excluded?

3.3 RANK THE QUESTIONS

5 SEARCH THOROUGHLY FOR SOURCES

6.1 Area of law

6.2 Legal basis

6.3 Elements and ingredients

[Element 1] [Ingredients] [Sub-ingredients]

[Element 2] [Ingredients] [Sub-ingredients]

[Element 3] [Ingredients] [Sub-ingredients]

[Or draw a chart]

6.1 Area of law

6.2 Legal basis

6.3 Elements and ingredients

[Element 1] [Ingredients] [Sub-ingredients]

What harm or injuries happened?

What caused the dispute or problem?

What does the client want from the dispute?

Who did the events that happened, and to whom?

Who treated the injuries?

Who witnessed the event?

When did the event happen?

When did the injury happen?

When did the symptoms show?

Where did the event happen?

Where are the parties now?

Where are the parties’ assets?

Why did the event happen?

Why were the injuries so extensive?

Why did the plaintiff delay in making the claim?

How did the event happen?

How did the defendant behave?

How did the plaintiff react?

state the law

put the issue as a question

open with words like ‘But’, ‘Also,’ and ‘Moreover’

echo the last words of the preceding paragraph

a specific statement on what you want the court to do

color (for example, the color of the cover)

whether double-sided or single-sided

information contained on front cover

length (word, line, and page limits)

matters to include and exclude

the order and arrangement of the matter