Why Don't More Writers Use Bulleted and Numbered Points?

I recently served as a brief grader for a moot court competition.  One of my fellow graders and I were discussing the briefs, and he commented that the briefs would have been easier to read had the students used bulleted or numbered points in certain sections.

I tend to agree, but I think the reason none of those briefs contained numbered or bulleted points is because students (and lawyers) don’t know its “legal” to use them.  Bulleted and numbered points can be very effective in conveying, for example, the elements of a claim or the support for a writer's position.  Law students learn that briefs should be formal and, I suppose, assume that bulleted and numbered points aren’t formal enough. 

They are wrong.  Bulleted points and numbered points are, in my opinion, both appropriate and effective ways to convey information.  Consider the readability of this passage:

In this case, the Policy is a renewal policy, not a new policy, because:

1. The same insurer, Farm Mutual, provided the prior insurance policies and the Policy;

2. The prior policies and the Policy list the same named insured, Smith Farms; 

3. The prior policies and the Policy have the same base policy number, F04 0295-E24-11;

4. The prior policies and the Policy have identical limits of coverage for bodily injury, medical payments, and UM coverage; and

5. The Policy meets the definition of a "renewal" because it is a "policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy" and "continues [Farm Mutual’s] obligation to insure [Smith Farms]."

Now consider the readability of this passage:

In this case, the Policy is a renewal policy, not a new policy, because the same insurer, Farm Mutual, provided the prior insurance policies and the Policy.  Furthermore, the prior policies and the Policy list the same named insured, Smith Farms, and have the same base policy number, F04 0295-E24-11.  Additionally, the prior policies and the Policy have identical limits of coverage for bodily injury, medical payments, and UM coverage.  Finally, the Policy meets the definition of a "renewal" because it is a "policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy" and "continues [Farm Mutual’s] obligation to insure [Smith Farms]."

These passages say the same thing.  However, the first passage more clearly conveys the writer’s support for her position that the policy is a renewal policy.  The good points in the writer’s second passage are lost in the midst of the paragraph.  A reader skimming these passages can ascertain the first writer’s position much more easily.  A word of warning, though: don’t overuse this technique.  Save it for a place in your brief, memo, or letter where it can have the most impact.