Class Eleven: Writing: Create a Theme

October 2, 2012

First you do the legal research.  This helps you identify the sort of facts that will be relevant to the resolution of your issue.  Second, you will do the factual research.  Third - you must create a theme.

Take out a blank piece of paper and write at the top – “What is this case all about?”  This is the theme.  Forget order, organization, importance and write down everything that comes to mind.  When the ideas slow.  STOP.

This process is called brainstorming and webbing.  Please click on this link for an excellent method of developing themes. Color coding is also helpful to develop themes as well.

With the premise formed and ever in the playwright’s mind, the story has cohesion. To help you develop your theme, remember that a theme should be broad and encompassing and should emphasize the most telling fact. It also must sound fair, take the offensive, and suggest resolution. – Gary Kinder

A good theme for a legal paper must show why the case is important – what if anything turns on the outcome – either for the parties or for some larger community.  Distill your central passage into compelling language that shows the judge what’s at stake.  In a motion or trial brief, your theme will occupy a key paragraph - often the first substantive paragraph of the argument.

Your theme should be put so simply that the grocery cashier would not only understand it upon one hearing, but also be able to express an opinion as to what the proper resolution would be. 

Developing a theme is a creative skill.  Remember that creativity requires failure - so be prepared to try, and try, and try.  A good theme will encompass the following:  (1) Why the issue is important; (2) What the proper solution or response should be; and (3) convey the fairness of your position.