US Supreme Court: 5 Writing Techniques for Effective Advocacy

• Five writing techniques from the 2025-26 US Supreme Court term can be applied to a range of legal documents, including motions to dismiss.
• Character sketching is a key technique used by Justice Sonia Sotomayor to make abstract concepts relatable and accessible.
• Fighting line-drawing, narrowing the issue, counting existing protections, and conceding unfavorable facts are other essential techniques highlighted in this article.
• These writing techniques can help advocates improve their own skills and develop more effective advocacy strategies.

The five techniques work as well in a motion to dismiss as they do in a Supreme Court opinion.

The 2025-26 term of the US Supreme Court has seen a mix of contentious issues and exemplary writing in its opinions. Among the notable passages is one from a unanimous decision, while others come from sharply divided decisions and unusual coalitions. These varied approaches demonstrate five key techniques that can be applied to various legal documents, including motions to dismiss.

One such technique is the use of character sketches, as seen in Justice Sonia Sotomayor's writing style. In parsing complex statutory schemes or contract provisions, advocates can learn from her ability to make abstract concepts relatable and accessible to a broad audience.

The Supreme Court's opinions often serve as models for effective legal writing. By examining the techniques used in these opinions, advocates can improve their own writing skills and develop persuasive arguments. The five techniques highlighted in this article – character sketch, fighting line-drawing, narrowing the issue, counting existing protections, and conceding unfavorable facts – are not limited to Supreme Court opinions but can be applied to a range of legal documents.

In particular, the technique of character sketching involves creating vivid portraits of individuals or entities involved in a case. This approach helps readers connect with complex abstract concepts by making them more relatable and human. By using this technique, advocates can make their arguments more engaging and persuasive.

The writing techniques employed by Supreme Court justices can have far-reaching implications for legal professionals. By studying these techniques, lawyers and compliance officers can improve their own writing skills and develop more effective advocacy strategies. The five techniques highlighted in this article are particularly relevant to motions to dismiss, where clear and concise writing is essential.

Moreover, the ability to navigate complex legal issues and present them in a clear and compelling manner is a valuable skill for any legal professional. By applying these techniques to their own work, advocates can enhance their credibility and persuasiveness, ultimately achieving better outcomes for their clients.

Lawyers and compliance officers should take note of the five persuasive techniques highlighted in this article, which can be applied to a range of legal documents, including motions to dismiss, and may help them improve their own writing skills.

Source: Original reporting via Six justices, five techniques: writing lessons from the 2025-26 term