9.4.4 The Relationship Between the Point Heading and the Paragraph Immediately Following
In the paragraph immediately following the point heading, you may have a couple of jobs to do. If you are dividing this heading section into two or more subsections, this paragraph may need to contain legal backstory and perhaps a roadmap (we’ll discuss these requirements in Chapter Ten).
Even if you are not further dividing this heading section, however, the paragraph after the point heading must tell the reader what the section is about. And it needs to do so even though your point heading should also have accomplished that goal.Because headings that appear in briefs are complete sentences, it is tempting to treat them as the first sentence of the paragraph that immediately follows. Don’t. Remember that you must write for both users and readers. As you know, some users will read only the headings, and so each heading must succinctly address the main point of that section. Because some readers will skip headings, however, the first sentence in the section should also address that main point. However, that first sentence cannot just repeat the heading word for word, because some readers will read both the heading and the text. As contradictory as it may seem, your writing must accommodate all three of these concerns.
This example treats the heading as if it is the first sentence of the paragraph that follows: 
BAD EXAMPLE 1.4. This Court should maintain its reluctance to expand the class of individuals who may claim a legitimate expectation of privacy and invoke the exclusionary rule. Therefore, the court should reverse the case at bar because...
A reader who skipped the heading would have no frame of reference for the word “therefore,” and would not have a basis for the inference. As noted above, however, copying the heading word for word is not a good solution to this problem:
BAD EXAMPLE 1.4.
This Court should maintain its reluctance to expand the class of individuals who may claim a legitimate expectation of privacy and invoke the exclusionary rule.This Court should maintain its reluctance to expand the class of individuals who may claim a legitimate expectation of privacy and invoke the exclusionary rule. Therefore, the court should reverse the case at bar because...
A reader who read both the heading and the text would find this exact repetition annoying. Instead of repeating the entire heading, follow the heading with a sentence that uses different phrasing but still repeats the same point. Note that not every word needs to be different; you can and should use the phrases-that-pay and other important language in both the heading and the first sentence of the paragraph that follows:
GOOD EXAMPLE 1.4. This Court should maintain its reluctance to expand the class of individuals who may claim a legitimate expectation of privacy and invoke the exclusionary rule.
Because the arguments for limiting the use of the exclusionary rule are compelling, this Court should continue its reluctance to expand the class of persons that may invoke the rule. The Court should reverse the case at bar because doing so recognizes...
By taking a few minutes to consider an effective opening sentence to follow your headings, you can make sure that your headings are effective for all of those who encounter your brief, in whatever manner they encounter it.