By E. Monjok Agom
The world of law is often associated with complexity, nuance, and a dash of dry wit. One quote that encapsulates this wit is the observation that “a lawyer is the only person who writes a 20,000-word document and calls it a brief.” But who coined this phrase, and what does it reveal about the nature of legal language?
THE ELUSIVE ORIGINS OF A WITTY QUOTE
Despite its popularity, the origins of this quote remain shrouded in mystery. Some attribute it to the renowned philosopher and economist Karl Marx, while others claim it is the brainchild of a lesser-known wit. However, a thorough search of Marx’s writings and biographies yields no concrete evidence to support this claim.
A SIMILAR QUOTE FROM A LITERARY GIANT
Interestingly, a similar quote can be found in the writings of Robert Louis Stevenson, the celebrated Scottish novelist and travel writer. In his works, Stevenson remarks, “A lawyer’s brief is usually a long document, and the longer it is, the more brief it is likely to be.” While not identical to the original quote, Stevenson’s witticism captures the essence of the observation, highlighting the irony of a lawyer’s “brief” often being a lengthy and intricate document.
THE IRONY OF LEGAL LANGUAGE
So, what does this quote reveal about the nature of legal language? On one hand, it showcases the often-contradictory nature of legal terminology. A “brief” is expected to be concise and to-the-point, yet in reality, it can be a lengthy and intricate document. This irony is not unique to the term “brief”; many legal terms are similarly counterintuitive, reflecting the complexities and nuances of the law.
THE EVOLUTION OF BRIEFS IN MODERN TIMES
However, in today’s world, the courts have made it an official policy to restrict the number of pages in a Brief. This shift towards brevity and concision is a deliberate attempt to streamline the legal process and prevent unnecessary verbosity.
For instance, in the Court of Appeal in Nigeria, a brief is limited to 35 pages, except with leave. This means that lawyers must be judicious in their use of language and focus on presenting the most critical arguments and evidence in a clear and concise manner.
MATERIALS THAT MAKE FOR A CONCISE AND LUMINOUS BRIEF
So, what makes a brief concise and luminous? Here are some essential materials to include:
- CLEAR AND CONCISE STATEMENT OF FACTS: A brief should begin with a clear and concise statement of facts, setting out the key events and circumstances of the case.
- PRECISE AND RELEVANT LEGAL AUTHORITY: A brief should include precise and relevant legal authority, citing statutes, case law, and other authoritative sources that support the argument.
- FOCUSED AND LOGICAL ARGUMENTATION: A brief should present focused and logical argumentation, setting out the key arguments and evidence in a clear and concise manner.
- CONCISE AND ACCURATE CITATIONS: A brief should include concise and accurate citations, referencing the relevant authorities and evidence that support the argument.
- CLEAR AND CONCISE CONCLUSION: A brief should conclude with a clear and concise summary of the argument, setting out the key points and takeaways.
THE BENEFITS OF BREVITY IN LEGAL BRIEFS
The restriction on the length of briefs has several benefits. Firstly, it encourages lawyers to be more focused and concise in their arguments, which can lead to more effective advocacy. Secondly, it helps to reduce the workload of judges and court staff, allowing them to devote more time to the actual hearing of cases. Finally, it promotes efficiency and expediency in the administration of justice.
CONCLUSION
In conclusion, the quote “a lawyer is the only person who writes a 20,000-word document and calls it a brief” remains a witty observation with unclear origins. However, in modern times, the courts have taken steps to restrict the length of briefs, promoting brevity, concision, and efficiency in the legal process. By including clear and concise statements of facts, precise and relevant legal authority, focused and logical argumentation, concise and accurate citations, and clear and concise conclusions, lawyers can craft concise and luminous briefs that effectively advocate for their clients.
E. Monjok Agom
28th February, 2025
