Written Advocacy Handbook – Engaging Overviews

"Journalists say that if you cannot capture the reader's interest in the first two paragraphs, give up. The same is true here." – Justice Marshall Rothstein

While nobody would seriously suggest that if the introductory paragraphs in your factum fall short of Hemmingway-esque pith and punch, you should abandon the whole argument, the import of an engaging overview cannot be overstated. As discussed in the "Understanding Your Audience" chapter of this Handbook, cognitive science has demonstrated that first impressions are formed quickly and fixed firmly – meaning even significant, new information may not budge the audience's initial views.¹ As Justice John I. Laskin noted, first impressions can create lasting impressions and a good overview helps establish a credible voice with judicial reader.²