Many attorneys believe good lawyers know how to make complicated arguments. To make matters worse they will submit long briefs under the belief it was necessary to handle such as complicated argument. Nothing could be further from the truth.
Nothing could be further from the truth. in reality good attorneys know to make complicated arguments simple, and how to shorten the length of their briefs.
The simpler the argument, the more persuasive it is.
People tend to favor the path of least resistant. As a result they are more susceptible to simple arguments, and more resistant to complicated arguments that strain their brain. Lawyers should develop a tool box to simplify their arguments.
"If you can’t explain it simply, then you don’t know it well enough.”
– Albert Einstein
Many attorneys justify long complicated arguments by stating it was a complicated issue. The vast majority of the time these issues are complicated because the attorney doesn't understand the issue well enough. If Albert Einstein could explain theoretical physics in simple terms, then you should be able to explain your legal issue in simple terms as well.
“some judges associate the brevity of the brief, with the quality of the lawyer.” - Antonin Scalia
Some attorneys credit the length of their brief with the quality of their argument. Judges generally associate the brevity of the brief as being more compelling. One appellate public defender told me every appeal he’s won has been a short brief. If you can state your argument in fewer words, it is generally more persuasive.
If you can't clearly articulate why you have a good case in one minute, then you probably don't have a good case.
As a public defender I would go over my cases with other attorneys in the office. I originally gave myself two minutes to tell the other attorneys why I have a good defense. Then one day I was listening to NPR, and I heard John Grisham say he has 30 seconds to explain his next book idea to his wife. If he couldn't do it in 30 seconds he would go look for a new idea. After that I gave myself one minute to explain why I have a good case.
Similarly if a lawyer thinks it’s a bad case, he should be able to articulate why it is a bad case in less than a minute. If you can’t state why it's either a good or bad case in a minute then you probably don’t understand your case.
