Step 1.2.1 Write the facts

Writing out the facts will help you picture, remember, and understand the facts you have collected.106 Write the facts chronologically. The natural and logical order will help you remember the facts.107 Break the facts into bite-sized pieces but write the facts as a story rather than as bullet points. This will force you to think through the facts more thoroughly and will make the facts easier to understand later.108 End with what your client wants to do about the problem.

106 See, for example, Andrew Goodman, Influencing the Judicial Mind—Effective Written Advocacy in Practice (2006) 46. Do not worry yet about organising the facts for a formal, persuasive 'Statement of Facts'. For that, see Step 10.

107 Andrew Goodman, Influencing the Judicial Mind—Effective Written Advocacy in Practice (2006) 41; Mario Pittoni, Brief Writing and Argumentation (3rd ed, 1967) 6 (chronological order 'better represents the occurrences') and 30 (referring to a Statement of Facts, chronological order 'is the order of nature'. The order helps 'best visualise the occurrences'); Girvan Peck, Writing Persuasive Briefs(1984) 117 (chronological order 'is the natural way to tell any story'); John W Davis, 'The Argument of an Appeal' in George Rossman (ed), Advocacy and the King's English (1960) 212, 217. See also, though in a different context, Kay A Lauchland and Marlene JL Brun, Legal Interviewing: Theory, Tactics and Techniques (1996) 98 (chronological order 'is one of the most efficient structures for storytelling … It is also a natural mode for recalling a story … The story is more likely to be accurate and complete').

108 Mario Pittoni, Brief Writing and Argumentation (3rd ed, 1967) 6.

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