“Begin each paragraph with a topic sentence.”

Topic sentences work well when we’re in 6th grade and learning how to express ourselves. They help us organize our thoughts. But once we know how to do that, we lawyers should stop using them. Otherwise, our briefs and memoranda become bloated. (Hint to litigators trying to meet a page limit: Many briefs can be cut 15-20% if the lawyer removes only the bald topic sentences.)

A ubiquitous form of repetition, topic sentences only stall our readers, making them run in place, until we decide to move them forward. If we get specific with our readers at the beginning of a paragraph, rather than give them an overview of what’s to come, they still can easily follow.

In both paragraphs below, the second sentence alerts the reader to the topic and where the lawyer is headed. The reader does not need the broad statement of the first sentence.

New York Casualty’s argument is also logically inconsistent. To adopt New York Casualty’s interpretation would make the use of the term “criminal” in the introductory clause of Section (2) superfluous.

Finally, New York Casualty’s statement of the law on specific clauses superseding general clauses is overstated. Rather, inconsistencies in a contract are to be resolved “by giving full effect . . . .”