Most of the “rules” for legal writing are riddled with exceptions, but here is one that is not:  write for your reader.  That means you must first determine what your reader wants, needs and expects.  A motion for summary judgment and an appellate brief may address the same issue, but they are very different because they are addressed to different readers.

Lynn Gaertner-Johnson says it this way at her Business Writing blog:  “The Only Rule Is What Works for Readers.”   She suggests that, whenever you face a writing rule that feels like an obstacle, ask yourself whether it applies to your situation and your reader.    That is also a good question for legal writers to consider.