2. Factual statements that demonstrate the inherent fairness and legal validity of the writer's position.

Statements of fact contain two types of facts --facts that create a context for what happened and facts drawn from the law on which you intend to rely. In crafting the factual statement, you should strive toward making your legal analysis seem like the only possible means of reaching a just result on the basis of the facts.

A compelling statement of facts tells a story. Writing a persuasive story involves thinking about how to frame the facts. Chronology, by itself, does not make a story. Facts may be organized into several patterns:

• when -- chronology;

• who -- people or institutions such as the parties, government agencies, witnesses, experts;

• what -- things such as medications, assistive technology;

• where -- location, other geographical context of an incident such as a board and care home;

• why -- explanation or motive for events such as discrimination, greed, bureaucratic inertia.

Factual statements present a golden opportunity to present the equities of your case. Although you can't characterize facts or draw inferences from the facts in the factual statement, you can allow inferences about the equities to emerge inevitably in readers' minds as their own response.


Indicators:
• Statement advances the case theory.

• Statement contains sufficient context facts and all legally significant facts. Immaterial facts are omitted.

 
"Just the Facts, Ma'am" from The Writer's Block by Nancy Lawler Dickhute. The Nebraska Lawyer.
January 2003.
The legal writer can learn a thing or two from Sgt. Joe Friday’s methodology when tackling the fact section of a brief. Professor Dickhute describes 8 principles that allow you to do just that.