11.4.1 PERSUADING WITHLARGE-SCALEORGANIZATION
To exploit the reader’s peak attention at the beginning of the argument section, begin with your best point rather than starting with a weak point and leading up to a strong point.
Judge Coleman advises you to “[p]resent your strongest points first to try to capture votes early.”16When you start your argument with a weak point, your reader may think, “Is this the best they can do?” That bad impression can taint the rest of the argument. On the other hand, when you start your argument with a strong point, the reader’s first thought is “This is a good argument,” and that impression can carry over to the rest of the points that you make.One exception to this guideline is a case that could be governed by a threshold issue. If you are arguing a standing or jurisdictional issue in addition to a substantive issue, for example, logic dictates that you should place the substantive issue second. It could be ludicrous to argue for several pages about a legal error as to one of the case’s issues, and then move to the point that the court should not be hearing the case at all.
Particularly in a lengthy brief, your last argument is also in a position of emphasis. For example, if you have decided that you must include a desperation argument in your brief, you may not want it to be the last thing the court reads. Just as you want to start with a good impression, you also want to leave the court with a good taste in its mouth. Whenever possible, move that weak argument to the second-to-the-last position to help keep your image as a credible, responsible advocate.