The Problem
Many legal paragraphs start weakly.
They begin with background, transitions, or vague statements, forcing the reader to search for the point.
The Rule
The first sentence of a paragraph should state the point of that paragraph.
Why This Matters
The reader—often a law clerk—should understand immediately what the paragraph is about, without needing to read further.
Judges and law clerks read quickly and in volume.
If the point is buried:
- The reader may miss it
- The paragraph may need to be reread
- The argument loses force
A clear opening sentence allows the reader to follow the argument on the first pass.
Strong vs. Weak Openings
Weak Opening
“In this case, there are several issues that must be considered.”
This does not tell the reader anything meaningful.
Strong Opening
“Defendant’s claim is barred by the statute of limitations.”
The point is clear immediately.
How This Connects to Other Rules
This principle reinforces two others:
- Addressing mischaracterization: “Defendant misstates the issue.” should appear at the start of the paragraph. See 🔑 Legal Writing: Addressing What a Case Is Not About
- Anticipating counterarguments: “Defendant’s argument that ___ fails because ___.” should lead the response.
In each case, the first sentence does the work.
Where This Applies
This rule applies throughout the brief:
- Argument sections
- Subsections
- Responses to opposing arguments
Every paragraph should have a clear purpose, and the first sentence should state it.
Bottom Line
Do not make the reader search for your point.
Put it in the first sentence.
Applied Examples
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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