Always cite-check your case citations. Any legal brief or memo that fails to address every point made by the other side is inherently flawed. Christina Vassiliou Harvey, Esq. Persuasiveness is not single virtue, but a function of many things coming together at once.
This formality can take the form of long sentences, complex constructions, archaic and hyper-formal vocabulary, and a focus on content to the exclusion of reader needs.
Harvey has lectured on topics pertaining to ethics, legal writing, discovery, collections and client relations through the NJSBA.
The September Wisconsin Lawyer explores these and other matters.
August Learn how and when to remove this template message Legalese is an English term first used in  for legal writing that is very difficult for laymen to read and understand, the implication being that this abstruseness is deliberate for excluding the legally untrained and to justify high fees.
This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing. The legal memorandum also serves as record of the research done for a given legal question. A page merger agreement between two large corporations, in which both sides are represented by counsel, will be highly formal—and should also be accurate, precise, and airtight features not always compatible with high formality.
The basic rules are easy. Yet many practicing lawyers, busy as they are with deadlines and heavy workloads, often resort to a template-based, outdated, hyperformal writing style in both analytical and transactional documents.
Persuasive writing is the most rhetorically stylized. Because there are clearly no questions of fact for trial, Defendant is obviously entitled to summary judgment.
Legalese arises most commonly in legal drafting, yet appears in both types of legal analysis. In most legal writing, the writer must back up assertions and statements with citations to authority. Step 1 Get Organized That enduring requirement of high school composition—that is, to begin your writing projects with an outline—is still a good idea.
We want the court—whether at the trial or appellate level—to adopt our position.
And an email message Persuasive legal writing a friend and client, updating the status of a legal matter, is appropriately informal. It explains and applies the authorities in predicting an outcome, and ends with advice and recommendations. The author argues for one approach to resolving the legal matter and does not present a neutral analysis.
In the final analysis, of course, good writing only counts for so much. As you revise, look for ways to make things easy on the reader. Christina Vassiliou Harvey focuses her practice on personal injury litigation, disability matters, attorney ethics, and horseracing law. The point is just as strong without the adverbs.
This is understandable, but it sometimes unfortunately perpetuates an unnecessarily formal legal writing style. Lecturer Bios Eric H. If your readers have to work to decipher your meaning, they may ultimately give up.
A case involving Suzanna a pseudonym is one recent example. Or a lawyer who has filed a successful motion to dismiss a lawsuit may use the same or a very similar form of motion again in another case, and so on. The key difference between using phrases or paragraphs from other legal documents, and copying in other contexts or copying the entire document, arises from the fact that lawyers are effectively drawing upon a common pool of clauses that they adjust and modify for their own purposes.
Where is her belief in second chances grounded? These people believe that a difficult style reflects a brilliant mind.North Carolina Appellate Advocacy Training Chapel Hill, NC Wednesday, October 17,to Friday, October 19, PERSUASIVE LEGAL WRITING Ira Mickenberg.
December Issue Persuasive legal writing Ideas to strengthen the lawyer’s connection to the judge By Daniel U. Smith Law school teaches legal.
Legal writing is at the core of any legal action and effective, persuasive writing is a critical skill. This CLE course will help to improve your legal writing skills by reviewing the principles of persuasive legal writing, and how to build and structure a strong legal argument, incorporating the standard of review with a strong focus on the statement of.
Writing the Persuasive Brief The brief is the appellate lawyer's most important tool, because it is the one time when the attention of each deciding judge is independently focused on the lawyer's position in the case.
In most first-year legal writing courses, the spring semester signals an important shift from objective to persuasive writing. The classic curriculum introduces objective (or predictive) writing, in the form of an office memorandum, in the fall, then switches to persuasive writing, typically an.
Five Steps Towards Persuasive Writing The goal of persuasive legal writing seems obvious enough. We want the court—whether at .Download