Structural labels not only keep the parties distinct but also make their position in the dispute crystal clear for the reader. The object is to get the court to understand the dispute and care about the client. This will not occur if the court must consult a glossary or a scorecard just to know who the players are.
Nobody knows the names of the three bears, and it does not matter. The story turns on the structural pieces: a mama bear (hereinafter "MB"), a papa bear (hereinafter "PB") and a baby bear ("BB"), hereinafter collectively referred to as "the Three Bears."
Sounds stupid, doesn't it? Don't sound stupid. The prose you save could be your own.
Kendall Gray is a partner in the appellate practice group at Andrews Kurth in Houston and the publisher of the blog appellaterecord.com. He is board certified in civil appeals by the Texas Board of Legal Specialization.