Seven tips for writing a good case note

Hadrian & Partners. [Source? www.heartofscotlandtours.co.uk/roslynandborders]

Writing case notes is a chore. I list seven rules I still count after 20 years reading and writing case notes and headnotes. Follow; ignore; embrace; except; feedback welcome.

Short beats long

The case note keeps the reader current and saves the reader time. Short pieces do both.

Write to one person

Write to the intelligent lay person, and read your draft from their point of view.

Kill narrative

The only people who need a matter’s narrative are the clients, their lawyers, and the judge. Include narrative for context only. If the case needs a lot of context, does it say anything of use or is it turning on its own facts?

Know what you are writing

A judge gives the facts and the law, exposes the former to the latter, then concludes. It is called Reasons. It is a hallmark of a civilised society, that there is explanation to a losing party. Your job is quite different. You are stating three things: what the law was; what the case decided; and what the law is now.

Proofread

If you don’t read your work why do I?

Add value, not content

You may have to make a perfectly good case note longer. For example, the headnote in Clement’s Case (Possession in Scotland evidence of stealing in England) may not fit the bill for a practice on the Borders. The relevant rule? Add value, not content. If your case note is good, your content is good; more content makes it less good. The best value adder apart from a link to the case itself, is a restatement of the proposition for your likely readers. Your note is about a tenancy case. You state what the law is now. Now, state the same thing after the following three subheadings: What does this mean for landlords? What does this mean for tenants? What does this mean for the person drafting the lease? That’s added value.

Enjoy

Are you made for case notes? To return to your own vomit without remuneration is not for everyone. Case noting is a skill you can learn. If you learn it, practise it the same way you practise the rest of your practice, professionally.

For those who need more, see Compare the Pair, a marketer’s take on the subject.