Naming Day: Two Simple Tricks to Make Key Points Stand Out

Good writing is intrinsically connected to memory. The more memorable our writing, the easier it is to read. And the more enjoyable. Just think about when you read. If you get a few pages in and the author is talking about “the aforementioned case,” and you can’t remember what the heck that case is—you get frustrated. You have to flip back and figure out what the author is talking about. The experience is anything but smooth.

A profound truth thus reveals itself: The important things in your brief should be easy-to-remember. That way, when you return to those things later, your reader won't have to struggle to follow along.

But making all the important points memorable is tricky for us lawyers. We talk about a lot of convoluted, esoteric stuff. Not to mention the acronyms. Don't get me started on the acronyms!

What's the answer? Consider the power of names.

Now, later in the brief, when the lawyer uses the “any touch is enough” moniker, the reader will instantly remember all the great work the lawyer did in building that rule interpretation. 

Another benefit of naming is that it’s an easy way to link ideas, paragraphs, or sections to connect different aspects of one cohesive idea. For example, in the first section of your brief, let’s say you talked about how if there is “no search, there’s no violation” a few times. In later sections of your brief, you should use that same nomenclature—that way your reader can connect the two sections and points.

You can name any important thing that you can think of. Just the act of naming it will help your readers trigger that thing's meanings. To get you started on your naming adventure, here are some common examples (followed by some thoughts about acronyms, because they warrant special attention).

Let's explore several common concepts, ideas, and points you'll likely want to name in your legal writing.

Repeating a statute’s numbers is horrible; who can remember that? Consider giving statutes a short name, especially if you use a specific provision a lot in your document, or you deal with multiple provisions frequently.

Consider packaging legal principles or key rules into memorable snippets: 

Don't make your reader remember un-rememberable case names:

If you make the effort to explain a key fact, and it's complicated, give it a name: 

A document or exhibit you cite to or rely on that’s important. We lawyers often repeatedly refer to a document or two in our briefs--why not pick a persuasive name for them?

A characterization of any argument or fact or document or thing that is helpful to you. Don't miss the chance to subtly characterize an argument or idea using naming: 

Try naming any concept, fact, principle, or idea that is complicated and would be easier to recall with an easy-to-remember name.

Acronyms, let me just say, suck. They are a bunch of letters thrown together that your reader must somehow recall ten pages into your document. I’m not a fan, and the science isn’t either. This goes triple for a long or unfamiliar acronym. Yes, your reader can process CIA just fine. But not MSFGFDH (a real acronym from a federal brief!).

So instead, prefer parties’ names or familiar descriptors, not acronyms. Even just the simple act of referring to parties by words instead of a series of letters helps.

So, perhaps, instead of:

So what are you waiting for? Get on the naming train.