February 09, 2012

In this article, Jenner & Block Associate Damon Thayer stresses that “Having the last word on an issue is valuable.”  He then presents 10 simple “commandments” for writing reply briefs, including: (1) file a reply brief unless there are strategic reasons not to do so; (2) focus on responding to opposing counsel’s arguments; (3) leave out weak arguments; (4) maintain credibility with the court; (5) embrace a theme; (6) do not be afraid to give the reply brief some personal flavor; (7) make the reply brief a stand-alone document; (8) make the brief no longer than necessary; (9) pay attention to details; and, (10) tell the court exactly what relief you want.