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The Lawyer’s Guide to Impactful Writing: An Overview From Introduction to Conclusion

What separates a passable legal brief from one that wins the case? In “The Lawyer’s Guide to Impactful Writing: An Overview From Introduction to Conclusion,” attorneys Michael Alfera and Erica Jansson deliver an engaging and practical masterclass on how to elevate your legal writing from competent to compelling. Using the four stages of the Betty Flowers framework of “Madman, Architect, Carpenter, Judge” as guideposts, this seminar unpacks the hidden stages of the writing process that many attorneys overlook. Alfera and Jansson will also cover paragraph-level and sentence-level editing techniques, walking you through the process with real-life examples. Whether you’re drafting a mediation statement or an appellate brief, you'll come away with tools to sharpen your arguments, streamline your prose, and deliver your message with clarity, urgency, and force.

Topics covered include:

Legal Writing Law Practice

Agenda:

Welcome and Introduction

Overview of presenters and program goals

Stages of Legal Writing and Overcoming Writer’s Block

Exploring the Betty Flowers model: Madman, Architect, Carpenter, and Judge
Discussion of writing as a process and how to overcome writers’ block from a process-based perspective
Considerations for busy practitioners

Understanding Your Audience and Common Judicial Pet Peeves

Tailoring your writing to your audience (judge, law clerk, and client)
Recognizing common frustrations and practical insights

Best Practices for Creating Memorable Themes

How to develop a theme that guides structure and leaves a lasting impression
Use of ethos, pathos, and logos

Point Headings and Table of Contents

Crafting effective point headings
Leveraging the table of contents to your advantage
Dos and don’ts of point headings, with examples

Crafting Effective Introductions

Examples and principles for clear, persuasive opening paragraphs in motions and briefs

Structural Tool

Roadmap/”umbrella” paragraphs
Narrative framing

Additional Tips

Citation hygiene
Principles for paragraph and sentence-level clarity

Q&A and Wrap-Up (as time permits)

Duration of this webinar: 120 minutes

Originally broadcast: July 25, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Erica Jansson and Michael Alfera, both experienced litigators, are introduced as the speakers. They share their backgrounds and emphasize the significance of writing in litigation. The webinar will focus on impactful legal writing, drawing from their experiences and shared interest in the subject.

04:41 The Writing Process: Stages and Strategies

Erica and Michael discuss the writing process, emphasizing the importance of understanding different stages to overcome writer's block. They reference Betty Sue Flowers' essay, which outlines roles in the writing process: madman, architect, carpenter, and judge. The madman stage involves generating ideas, while the architect organizes them into a coherent structure. The carpenter builds the draft, and the judge refines it, ensuring clarity and persuasiveness. Understanding these roles helps writers manage competing energies and improve their writing process.

15:45 Understanding Your Audience

The speakers emphasize the importance of understanding the audience when writing legal documents. They discuss how judges' decision-making approaches vary, from results-driven to law-driven methods. Researching a judge's past decisions can provide insights into their preferences and decision-making style. The role of law clerks is highlighted, since they often influence judges' decisions and are the first to review legal documents. Writers should consider the dynamics of chambers and the potential impact of their writing on both judges and clerks.

44:53 Crafting Effective Legal Arguments

The discussion continues on understanding the audience, focusing on the importance of clarity and simplicity in legal writing. Judges and clerks are often busy, so writers should aim to make their arguments easy to follow and understand. The speakers advise against using complex language, which can confuse the reader. They highlight the significance of knowing the court's workload and tailoring submissions accordingly.

01:09:00 Structuring and Organizing Legal Briefs

The speakers discuss the structure and organization of legal briefs, emphasizing the importance of point headings and tables of contents. Point headings should contain the substance of the argument and follow a consistent structure. Introductions should be engaging and fact-specific, avoiding generic or vague language. The use of acronyms should be minimized to enhance clarity and readability. The speakers highlight the importance of presenting facts objectively and avoiding dramatization.

01:34:00 Enhancing Clarity and Persuasiveness

The speakers discuss enhancing clarity and persuasiveness in legal writing through effective paragraphing and topic sentences. They emphasize the importance of organizing thoughts clearly and using topic sentences to guide the reader. Different paragraph structures, such as 'three reasons why' or case breakdowns, can enhance clarity. The use of parentheticals and footnotes should be strategic, supporting rather than making key points. The speakers caution against misrepresenting case law in parentheticals, since it can damage credibility.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 2.00 General

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 General

Earn Credit Until: April 22, 2026

North Carolina CLE

Status: Approved

Credits: 2.00 General

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 2.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 2.00 General

Earn Credit Until: June 30, 2026

This presentation is approved for two hours of General CLE credit in California, North Carolina, and South Carolina (all levels). This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 2.00 credit hours.

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Speakers

Erica L. Jansson Attorney
Gibson, Dunn & Crutcher

Erica L. Jansson is a litigation associate in the Los Angeles office of Gibson, Dunn & Crutcher. She rejoined the firm in 2023 after serving as a judicial clerk to the Honorable Philip S. Gutierrez of the United States District Court for the Central District of California. Read More ›

Michael Alfera Attorney
Weinberg Gonser LLP

Michael Alfera is a litigation attorney who excels in devising winning arguments and case strategies for clients involved in business and commercial disputes on both sides of the ‘v.‘ Prior to working in private practice, he worked as a judicial law clerk, first for the Los Angeles Superior Court and then for the Honorable Otis D. Wright II, District Judge in the District Court for the Central District of California. Working in the supporting role for multiple judges fostered Michael’s ability to analyze cases from a judicial standpoint and to write with authority and persuasion. Read More ›

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