There is no shortage of opportunity for lawyers to spill our ink
advocating for our client's rights and interests. From the
initial email or letter to opposing counsel to the persuasive
appeal factum and every step in-between, effective and efficient
written advocacy is an essential – indispensable – tool
in our client-service toolkit. As one appellate decision recently
put it:
"Written advocacy is the
foundation upon which Ontario's modern appellate advocacy
process rests. Written advocacy is the main tool by which the
parties educate a panel about the issues on an appeal and then
attempt to persuade the panel to the party's
position."1
Effective written advocacy is also important on motions,
applications, and trials, albeit with necessary adjustments to
ensure the factum serves its particular purpose.2 Any
distinctions to be made between written advocacy in different
procedural forums fall to the margins; the twin purposes of
education and persuasion remain the
