Facts persuade. You know this even if you think that conclusory statements like “Plaintiff totally mischaracterizes the facts” also persuade. Because facts persuade, it stands to reason that a brief, or a memo supporting a brief, should include as many good facts as you can find.

You know this, too. That’s why you sense weakness when you feel strapped for facts. If you are light on facts — and, frankly, even if you seem to have enough facts — ask yourself whether any of your facts can be expanded to reveal additional detail.

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