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Tuesday, January 25, 2011

The Perfect Prefatory

Early on, I was taught the importance of starting pleadings and motions with  a smashing  prefatory. A prefatory’s function is simple and elegant—to show in one, two, or more paragraphs, that your opponent is downright wrong. Preferably, it should bite—hard.

So, there.

I’ve been drafting a reply for three days already. Due to the avalanche of other equally important work, the reply was constantly demoted to a lower position in my to-do list.

After finishing my first draft, I launched Lex Libris and searched for jurisprudence to substantiate the prefatory I just made. Unfortunately, nothing came up.

Contrary to the principles of efficient time management for law office workers (okay, I just made that up), I spent two hours searching for the perfect biting quotation that I’ll use to conclude the prefatory.  Just when I found the perfect concluding remark, I was told that we won’t be filing the reply anymore.

 

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