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Here's another tip from Bryan A. Garner's The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts.


Garner instructs brief writers to never use 'however' at the beginning of a sentence in order to indicate a contrast, and recommends using 'but' instead. William Zinsser's On Writing Well gives the same advice: "I can't overstate how much easier it is for readers to process a sentence if you start with 'but' when shifting direction . . . Don't start a sentence with 'however' — it hangs there like a wet dishrag." 'However' can be used at the beginning of sentence in the sense of 'to whatever extent'.


If you want to avoid using 'but' at the beginning of a sentence, shift 'however' to the middle of a sentence, or rephrase it using 'although'. For example, sentences like these:


In his "Statement of Disputed Material Facts," Plaintiff lists numerous "facts" he presumably believes show a retaliatory intent. However, Plaintiff never attempts to explain how these facts show retaliatory intent."


. . . should be rewritten as:


Although Kautz's "Statement of Disputed Material Facts" lists many "facts," he never tries to explain how they show any retaliatory intent.


There's no reason to shy away from using but to begin a sentence. The most eminent of legal authorities do this:


"But Marshall ruled to the contrary, holding that the court did have the authority to require Jefferson to produce the documents in question." William H. Rehnquist, Grand Inquests 117 (1992).


"But what if the parties fail to raise any jurisdictional question?" Charles Alan Wright, Law of Federal Courts 28 (5th ed. 1994).


A comma should never be used after a sentencing starting 'But'.







Here's another tip from Bryan A. Garner's The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts.


After many years cite checking briefs, I've come across very few that were less than the maximum number of pages a court would allow. Bryan Garner makes a bold recommendation: "Strive to halve your page limits." This may be doomed to fall on deaf ears, but consider the advice offered by the audience for legal briefs:


"Eye fatigue and irritability set in well before page 50." - Hon. Patricia Wald



"If I attempt a ball-park figure of the number of appellate briefs that I have read, I would put the figure at about 12,600. This means I have read some 630,000 pages. Probably about 400,000 of these pages were unnecessary." - Hon. Ruggero J. Aldisert



"Let me add an incentive to the production of short and pertinent briefs. The longer you make your brief, the more likely that most of the pre-argument analysis of your case will be turned over to a law clerk who just finished the bar exam." - Hon. Arthur L. Alarcon



"The shorter the brief, the more effective it will be." – Hon. Daniel M. Friedman



“To be persuasive, a brief must be read. Its chances of being read and assimilated are in inverse proportion to its length.” – Hon. Jim R. Carrigan



“If I pick up a brief of 49 and half pages, it has a little less credibility than one that succinctly argues its points in 25 pages.” – Hon. Jerry E. Smith




Relativity Integration Points (RIPs) assist with the import of data from third party systems into Relativity workspaces. RIPs facilitate field mapping. RIPs provide the same functionality as Relativity Desktop Client. Relativity 9.5 and later work with RIPs.


When importing data with csv files select Document as the dynamic object.



Integration points can be set to sync data at different intervals. Data is imported via FTP addresses.


When mapping fields be sure to set a unique identifier and an object identifier - these are the only two required fields.

Sean O'Shea has more than 20 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer.

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