What makes a factum great?

A great factum will contain each of the following qualities:

  1.  It will be easy to read

• Avoid long and convoluted sentences, complicated phrases, and slang/jargon.

  2.  It focuses on the central controlling issue in your case

• Your factum should only address the most significant issues/arguments
• factum writers sometimes may be worried about leaving something out that may prove to be critical, however, this may lead to a lengthy and overly detailed recall of background facts (many of them irrelevant to the issue at hand).

  3.  It simplifies the case

• A factum that takes a complicated legal issue or sets of facts and condenses it in a basic and easy-to-understand manner is appealing.

  4.  It is fair

• Concede points where appropriate and be careful about your language
• Do not misstate facts or legal principles
• You should avoid personal attacks on opposing counsel
• Focus on problematic behaviors (as opposed to talking about negative personality characteristics to them)
• Present objective facts (without bias)

What are the five rules for writing a great factum?

Rule 1: Persuasive overview that sets out “road map”

• Your overview sets the tone for the rest of your factum. 
• You should not only simply identify the parties and order that is being appealed, but you should provide the court with a clear sense of your position on the case at hand.
• Provide the court with a precise statement of the central issues that will be addressed in the motion or appeal Then state your position on each issue, concerning the facts and the legal test
• Your overview should also develop the theme/story of your motion or appeal. You should persuade your reader that your position on the issues is the right one (without misrepresenting facts or using bias).

Rule 2: Write “point first”

• “Point first” writing refers to beginning with your conclusion or point before providing all subsequent details.
• You shouldn’t make the mistake of setting out all the details of your situation and then pull them all together towards the end with a concluding statement since the judge (similar to most readers) will absorb and be more intrigued by the specifics after they know what all of these details point to.
• This process should be applied when writing the “facts” portion of your factum, again remember to use the point-first technique wherever possible so the reader can understand why a list of facts is so important.

Rule 3: Organize your facts around the issues in your case

• Be selective in the facts that you choose to include in your factum. For maximum effect, they should be presented in a way that helps shine a light on the themes and story that you are developing (remember to use “point first” technique whenever possible)
• Although it may seem easiest to organize facts chronologically, it may not always be the best case. Where possible, organize at least some facts by theme, that way you can use themes as your major headings in the facts section.
• Also use persuasive non-neutral headings to divide up your facts section, creating a punchy way of separating paragraphs that deal with separate issues.

Rule 4: Make your overall position clear and set your legal argument in a structured manner

• Tailor your factum depending on the role of your court
• If you are writing a motion: begin with the legal test that the court needs to apply, and then explicitly state the remedy you may be seeking or the findings you are asking the court to make
• If you are writing an appeal: identify the relevant standard of appellate review and show how it should be applied in your particular case. 
• Be selective about the arguments you make and the issues you raise
• Make effective use of quotes from the case law or evidence
  • Short quotes only
  • Paraphrasing is usually better
• Be candid about the record and the law, and manage unfavorable facts rather than completely ignoring them
• Face up to weaknesses in your argument and concede a point where appropriate (i.e. recognize a weak point rather than have opposing counsel use it against you)

Rule #5 – Edit, Edit, and EDIT

• Use another set of eyes
• Trim the fat (i.e. unnecessary details, slang/wordy phrases, legal jargon)
• Check the logic of your organization (i.e. does it flow nicely? Is the story convincing?)
• Potentially break up longer paragraphs. Make sure each paragraph begins with a topic sentence or “point”.
• Break up longer sections into sub-sections and if so make useful subheadings.

How do you organize a factum for a motion?