Example 13.1

Takeaway point 13.1: Introductions need to give judges a quick overview of what the case is about — the key facts and core principles.

Introductions should orient readers. The sample Introductions in this chapter omit case descriptions; after all, these are the first explanatory passages that judges will encounter about the case, so this approach lets you assess how well these Introductions orient and motivate you.

Source: From an appellate brief for the plaintiff in Adkins v. Wolever, 692 F.3d 499 (6th Cir. 2012).

This sentence orients readers and lets them know what the case is about. It provides key facts, the legal issue implicated by the case, and an overarching theory of why Adkins should win.

A few vivid details here might have helped to convince readers that Adkins was victimized. The noble goals of brevity and persuasiveness sometimes conflict.

The lawyers do not know who destroyed the evidence, so they preserve their credibility rather than accusing a specific party. This caution reflects a sensible sacrifice. In other cases, such as when alleging securities fraud in a complaint, lawyers must specify who engaged in improper conduct.

The term “spoliation,” familiar to judges, refers to the destruction of documents or other evidence.

The Introduction lays out the trial court’s legal error. The applicable standard was set forth by an appellate court in this litigation (i.e., Adkins’s lawsuit), so the lawyers should have emphasized that the district court flaunted the Sixth Circuit’s instructions.

And here we see the theme: in future cases, evidence that prisoners were abused would routinely vanish if prisons can destroy that evidence without penalty.