We lawyers are not known for being good writers. Perhaps that is because writing is hard. Someone once said writing is easy—just open a vein!

The “preemption rule,” which has been adopted in a number of jurisdictions around the country, limits injured plaintiffs’ ability to prove wrongdoing against employers because, so long as an employer admits that it is vicariously liable for an employee’s negligence, the employer’s own potential acts of misconduct for negligent supervision, hiring, training, or entrustment are not disclosed to the trier-of-fact.

First and foremost, a brief must tell a compelling story. It should cry out for relief for your client. Judges are people; they want to feel like they are doing the right thing. Help them rule in your favor: tell your client’s story. Use classic archetypes. Cast the characters of your lawsuit into traditional roles in a story: victim, hero, orphan, widow, prodigal son, etc. Convince the Court that the world will be a better and fairer place if your client wins.