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Mastering the Art of Persuasion: An Advanced Legal Writing Course
Author: Professor Anya Sharma, J.D., LL.M., Professor of Legal Writing and Advocacy at the University of California, Berkeley School of Law. Professor Sharma has over 20 years of experience teaching legal writing and has published extensively on the subject, including the seminal work, The Persuasive Brief: A Practical Guide.
Publisher: LexisNexis, a leading provider of legal information and technology solutions.
Editor: Amelia Hernandez, J.D., experienced legal editor with 15 years of experience at LexisNexis, specializing in legal writing and publication.
Keywords: advanced legal writing course, legal writing, persuasive writing, legal argumentation, brief writing, appellate advocacy, legal research, advanced legal writing techniques, legal writing strategies, legal writing skills
Introduction:
An advanced legal writing course goes beyond the fundamentals, equipping students with the sophisticated skills needed to craft compelling legal arguments and documents. Unlike introductory courses, an advanced legal writing course focuses on refining existing skills and developing new strategies for tackling complex legal issues. This article delves into the methodologies and approaches employed in such a course, examining how they empower legal professionals to effectively communicate their arguments and achieve desired outcomes.
I. Beyond the Basics: Core Methodologies of an Advanced Legal Writing Course
An advanced legal writing course builds upon a foundational understanding of legal writing principles. It emphasizes mastering nuanced techniques and strategic thinking essential for success in advanced legal practice. Key methodologies include:
A. Advanced Legal Research & Fact Synthesis:
This component transcends simple keyword searches. Students learn advanced research techniques, including using specialized databases, understanding citation rules (e.g., Bluebook), and effectively synthesizing complex information from numerous sources into a coherent and persuasive narrative. They develop skills in identifying, evaluating, and using primary and secondary sources to support their arguments effectively. An advanced legal writing course might involve mock legal research projects mirroring real-world scenarios.
B. Developing Sophisticated Legal Arguments:
Students move beyond simple IRAC (Issue, Rule, Application, Conclusion) structures. An advanced legal writing course introduces more complex argumentative frameworks, including anticipating counterarguments, employing persuasive rhetorical devices, and constructing nuanced arguments incorporating policy considerations and ethical implications. They learn to anticipate judicial skepticism and address potential weaknesses proactively.
C. Mastering Persuasive Brief Writing:
This is a cornerstone of an advanced legal writing course. Students learn to craft concise, persuasive briefs that effectively communicate complex legal arguments to judges and other legal professionals. They'll learn how to write effective headings, use strong topic sentences, and create a logical flow of ideas. They’ll also gain expertise in crafting impactful opening and closing statements and handling various types of briefs (e.g., appellate briefs, motions).
D. Advanced Appellate Advocacy Techniques:
An advanced legal writing course often delves into the intricacies of appellate advocacy, focusing on crafting compelling appellate briefs and oral arguments. This involves understanding the standards of review, anticipating judicial questions, and mastering the art of concise and persuasive communication under pressure. Mock appellate arguments are a critical part of such courses.
II. Approaches in an Advanced Legal Writing Course
Effective teaching in an advanced legal writing course necessitates a multi-faceted approach:
A. Real-World Case Studies & Simulations:
Instead of abstract hypotheticals, an advanced legal writing course uses real-world case studies and simulations to provide practical experience. Students analyze actual legal documents, participate in mock trials or appellate arguments, and receive feedback on their performance.
B. Peer Review & Collaborative Learning:
Peer review is an integral part of an advanced legal writing course. Students provide constructive criticism on each other's work, learning to identify strengths and weaknesses in legal arguments and writing style. This collaborative approach fosters critical thinking and improves writing skills.
C. Personalized Feedback & Mentorship:
An effective advanced legal writing course offers individual attention. Professors provide personalized feedback on student work, guiding them toward improvement and addressing individual learning needs. Mentorship opportunities allow for deeper engagement and more personalized learning.
D. Technology Integration:
Many advanced legal writing courses incorporate technology to enhance learning. This might include using legal research databases, word processing software with legal citation features, and online platforms for collaboration and feedback.
III. The Value of an Advanced Legal Writing Course
An advanced legal writing course provides immense value to legal professionals at all levels. It enhances communication skills, sharpens analytical abilities, and empowers individuals to effectively navigate the complexities of the legal system. The skills learned translate to improved effectiveness in all areas of legal practice, from drafting contracts and pleadings to conducting legal research and presenting arguments in court.
Conclusion:
An advanced legal writing course is a transformative experience for legal professionals seeking to hone their skills and master the art of persuasive communication. By combining rigorous methodologies with practical application, such courses equip students with the sophisticated techniques and strategic thinking needed to excel in the challenging world of legal practice. The investment in an advanced legal writing course represents a significant step toward becoming a highly effective and persuasive legal advocate.
FAQs:
1. What is the difference between an introductory and an advanced legal writing course? An introductory course covers fundamental legal writing principles, while an advanced course builds upon this foundation, focusing on advanced techniques and strategic thinking.
2. Who would benefit from taking an advanced legal writing course? Law students, practicing attorneys, and other legal professionals seeking to improve their legal writing skills would benefit.
3. What types of assignments are typically included in an advanced legal writing course? Assignments may include persuasive briefs, appellate briefs, memoranda, motions, and simulated legal research projects.
4. How is feedback provided in an advanced legal writing course? Feedback is usually personalized and includes detailed comments on the student's writing style, argumentation, and legal research.
5. Are there any prerequisites for taking an advanced legal writing course? Most advanced courses require completion of a foundational legal writing course.
6. How much time commitment is required for an advanced legal writing course? The time commitment varies depending on the course format and intensity, but typically involves significant time spent on reading, writing, and participating in class activities.
7. What technologies are typically used in an advanced legal writing course? Legal research databases, word-processing software with citation features, and online collaboration platforms.
8. What career benefits can I expect from completing an advanced legal writing course? Improved legal writing skills lead to better job prospects, higher earning potential, and increased professional credibility.
9. Can an advanced legal writing course help with job applications? Absolutely. Strong legal writing skills are crucial for drafting compelling cover letters and resumes.
Related Articles:
1. "The Art of Persuasive Brief Writing": This article provides a deep dive into the techniques of crafting effective persuasive briefs, focusing on structure, argumentation, and style.
2. "Mastering Legal Research: Advanced Techniques": This article focuses on advanced legal research strategies, including the effective use of specialized databases and primary sources.
3. "Winning Appellate Arguments: Strategies and Tactics": This article explores the strategies and tactics for winning appellate arguments, focusing on brief writing and oral advocacy.
4. "Ethical Considerations in Legal Writing": This article examines the ethical considerations that should inform all aspects of legal writing, from research to presentation.
5. "Legal Writing Style Guide: Beyond the Basics": This article presents an in-depth guide to legal writing style, including grammar, punctuation, and citation.
6. "Analyzing Judicial Opinions: A Practical Guide": This article teaches students how to effectively read and analyze judicial opinions, a crucial skill for legal research and argumentation.
7. "Using Storytelling in Legal Writing": This article demonstrates how the power of storytelling can be used to make legal arguments more engaging and memorable.
8. "Advanced Legal Writing: A Case Study Approach": This article presents various case studies showcasing the application of advanced legal writing techniques.
9. "The Role of Technology in Modern Legal Writing": This article examines how technology tools such as legal research databases and writing software can enhance legal writing efficiency and effectiveness.
| advanced legal writing course: Advanced Legal Writing and Oral Advocacy MICHAEL D.. DESANCTIS MURRAY (CHRISTY H.), Christy DeSanctis, 2021-12-14 Description Coming Soon! |
| advanced legal writing course: Advanced Legal Writing Michael R. Smith, 2014-11-12 With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms. |
| advanced legal writing course: Writing for Law Practice Elizabeth Fajans, Mary R. Falk, Helene S. Shapo, 2015 Softbound - New, softbound print book. |
| advanced legal writing course: Legal Method and Writing Charles R. Calleros, 1998 Legal Method and Writing is a sophisticated yet accessible book that takes a comprehensive and practical approach to writing and analysis skills. The book's coverage includes different types of legal writing, including writing in law school, writing in the law office, advocacy writing, appellate brief, pretrial advocacy, and writing to parties. |
| advanced legal writing course: Legal Writing in Plain English Bryan A. Garner, 2013-08-26 “This easy-to-follow guide is useful both as a general course of instruction and as a targeted aid in solving particular legal writing problems.” —Harvard Law Review Clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. For more than twenty years, Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. “Those who are willing to approach the book systematically and to complete the exercises will see dramatic improvements in their writing.” —Law Library Journal |
| advanced legal writing course: A Short and Happy Guide to Advanced Legal Research ANN W. LONG, 2020-02-19 Legal research can be costly for students and practitioners in two ways: time and money. A SHORT & HAPPY GUIDE TO ADVANCED LEGAL RESEARCH identifies available free and fee-based legal research options as good, cheap and/or fast. This book can streamline the process of legal research involving any subject matter and during any stage of civil litigation. An overview of the litigation analytics and artificial intelligence features available from Bloomberg Law, Lexis Advance, and Westlaw Edge is also included, in the likely event you graduated from law school before 2019. Ann Walsh Long is the Head of Research & Digital Collections/Assistant Professor of Law at the Lincoln Memorial University School of Law. Ann has also worked at the Environmental Protection Agency's Headquarters Library and in four Big Law firms. As a former law firm librarian, Ann taught hundreds of summer and new associates how to conduct cost-effective legal research, and advised firms on how best to recover those costs from clients. |
| advanced legal writing course: The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts Bryan A. Garner, 2004-02-13 Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. Never write a sentence that you couldn't easily speak, he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words (Strike pursuant to from your vocabulary.), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence. Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk. |
| advanced legal writing course: Legal Writing KRISTEN KONRAD. TISCIONE, 2021-07-08 CasebookPlus Softbound - New, softbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary. |
| advanced legal writing course: Where the Law is Joanne D. S. Armstrong, Christopher A. Knott, 2009 This newly updated law school textbook and course reference is designed specifically for advanced legal research classes and for upper-level students who want to achieve a better understanding of how to use the sources of legal information that they learned about in their introductory courses. It provides in-depth guidance through the research process, advice on format selection, and detail about the tools and techniques needed to function as skilled legal researchers. Up-to-date discussion of all media is fully integrated throughout, focusing on the types of information the researcher needs, rather than on descriptions of particular information products. |
| advanced legal writing course: Beyond the Basics Mary Barnard Ray, Barbara J. Cox, 2013 Softbound - New, softbound print book. |
| advanced legal writing course: The Redbook Bryan A. Garner, 2006 This book provides a comprehensive guide to the essential rules of legal writing. Unlike most style or grammar guides, it focuses on the special needs of legal writers, answering a wide spectrum of questions about grammar and style -- both rules and exceptions. It also gives detailed, authoritative advice on punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal context. Designed for law students, law professors, practicing lawyers, and judges, the work emphasizes the ways in which legal writing differs from other styles of technical writing. Its how-to sections deal with editing and proofreading, numbers and symbols, and overall document design. Features: * Cautions on use of 500 stuffy phrases and needless legalisms, along with their everyday English translations * Details rules for 800 words with required prepositions in certain contexts * Explains the correct usage of more than 1,000 words that are often troublesome to legal writers * Gives tips on preparing briefs and other court documents, opinion letters and demand letters, research memos, and contracts * Provides model documents of all types of legal documents and pleadings Reviews 200 terms of art that take on new meanings in legal contexts |
| advanced legal writing course: Readings in Persuasion Linda H. Edwards, 2014-12-09 An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Features: Highly respected author Flexibility can be used as core text in advanced legal writing with other materials secondary text in a basic legal writing course chapters can be taken in any order High-interest, engaging content Each chapter focuses on important legal writing topics rhetoric voice emotion metaphor narrative Features famous case Chapter introductions with compelling insights historical context the story of the case and its litigation information about the lawyers who wrote the briefs on both sides what the courts decided what has happened since Full-text cases and briefs offered on a companion website Photos that enliven the text |
| advanced legal writing course: Legal Writing Simon Dorset, Sarah Hughes, Jonathan Scragg, Matthew Harris, Lynne Taylor, Stephen Hunter, Andrew Simpson, Aaron Sheriff, Richard John Scragg, 2014-07 |
| advanced legal writing course: Advanced Legal Writing Workshop Wayne Schiess, 2019-08-06 Wayne Schiess's Advanced Legal Writing Workshop guides legal writers through more than 50 advanced skills and techniques. It's full of clear explanations and before-and-after examples on topics from parallelism to persuasion, possessives to passive voice, plain English to professional editing. Why study advanced topics? Legal writers are professional writers--who should have a high writing IQ. And studying advanced topics will improve every part of the writing process: outlining, drafting, and editing. |
| advanced legal writing course: Nino and Me Bryan A. Garner, 2019-05-21 From legal expert and veteran author Bryan Garner comes a unique, intimate, and compelling memoir of his friendship with the late Supreme Court Justice Antonin Scalia. For almost thirty years, Antonin Scalia was arguably the most influential and controversial Justice on the United States Supreme Court. His dynamic and witty writing devoted to the Constitution has influenced an entire generation of judges. Based on his reputation for using scathing language to criticize liberal court decisions, many people presumed Scalia to be gruff and irascible. But to those who knew him as “Nino,” he was characterized by his warmth, charm, devotion, fierce intelligence, and loyalty. Bryan Garner’s friendship with Justice Scalia was instigated by celebrated writer David Foster Wallace and strengthened over their shared love of language. Despite their differing viewpoints on everything from gun control to the use of contractions, their literary and personal relationship flourished. Justice Scalia even officiated at Garner’s wedding. In this humorous, touching, and surprisingly action-packed memoir, Garner gives a firsthand insight into the mind, habits, and faith of one of the most famous and misunderstood judges in the world. |
| advanced legal writing course: Sourcebook on Legal Writing Programs Eric B. Easton, 2006 |
| advanced legal writing course: Briefs and Beyond Mary Beth Beazley, Monte Smith, 2021-01-31 This book hits the sweet spot between books that focus only on briefs and books that try to do too much. Expertly written and constructed by Mary Beth Beazley and Monte Smith, Briefs and Beyond: Persuasive Legal Writing gives law professors options to supplement a persuasive writing course with complaints, demand letters, and other persuasive documents while not overwhelming their students. Professors and student will benefit from: A behavioral approach to legal writing A focus on how documents look as well as what they say Sidebars that answer students’ common questions as they go along Effective formulas for legal writing that ease the writing process Many examples of both good and bad writing throughout that illustrate concepts covered in the text |
| advanced legal writing course: Legal Writing for International Students Susan Reid, 2005 Business letter writing, including sample letters and useful phrases Legal writing instruction, including contracts, briefs, irac format Reading and vocabulary building strategies Readings and writing exercises in legal contexts with a focus on law school preparation: Essay structures and rhetorical modes Advanced grammar and exercises Research writing. |
| advanced legal writing course: Legal Writing by Design Teresa J. Reid Rambo, Leanne J. Pflaum, 2013 The second edition of Legal Writing by Design remains unique in demonstrating how to transform thoughts into writing by explaining the link between thinking and writing. It doesn't just tell the reader to argue by analogy or to apply the rule -- it explains the design of the thinking involved in those processes and shows how to transform that design into writing. Through easily understandable hypotheticals, outlines, graphics, exercises, and writing samples, many garnered during the authors' combined forty-plus years of teaching legal writing and appellate advocacy to law students, Legal Writing by Design comprehensively demonstrates how to transform ideas into exceptional writing. It demystifies the writing process by explaining the design of (1) deductive and inductive reasoning, (2) analogical thinking, and (3) relevancy. Once that design is understood, writing becomes easy. Writing with liberal doses of humor, the authors provide clearly readable charts, examples, and templates throughout this second edition. All chapters include a chapter review, and many also provide writing prompts. In addition to chapters explaining the fundamentals of writing legal memos and briefs, Legal Writing by Design contains sections on (1) clear and effective writing; (2) the appellate process, including an easily understandable explanation of standards of review; (3) oral argument techniques and practice; (4) the writing and editing process; (5) case briefing; and (6) professionalism in the practice of law. Exercises corresponding to the principles explained are included throughout most chapters, with answers provided in a separate Teacher's Manual. Successfully used for over ten years by thousands of law school students, Legal Writing by Design is the perfect tool for anyone -- attorneys, legal assistants, pro se litigants, undergraduate students, or the public -- who seeks the ideal way to analyze issues, to write clearly, and to write persuasively. |
| advanced legal writing course: Effective Lawyering Austen L. Parrish, Dennis T. Yokoyama, 2007 This book is for law students and practitioners who want to learn, or be reminded of, the fundamentals of legal writing and oral advocacy. Effective Lawyering concisely describes useful, yet often neglected, writing techniques. The book has pithy discussions of:(1) ways to avoid recurring, yet frequently overlooked, writing problems;(2) sensible approaches to writing common legal documents; and(3) methods for preparing an oral argument.In addition, it provides the reader with a series of checklists to turn to when undertaking a writing project or preparing for oral argument. The authors have designed the book for practicing attorneys as well as law students. The book is an ideal supplement for first-year and advanced legal writing courses, for upper-division skills courses, and for students participating in law journals or moot court programs. Short and to-the-point, the book's unique check-list approach will help law students and practitioners improve their writing methodically. |
| advanced legal writing course: Teachinglaw.com Diana Donahoe, 2007-01-01 TeachingLaw.com brings the classroom to life: - engages students both inside and outside of the classroom, using multimedia, animation, annotated samples, and interactive exercises to cover research, writing, grammar, and citation - merges a sophisticated pedagogical design with content, both authored by Professor Diana Donahoe gives instructors the means to enhance traditional lectures with more interactive and collaborative teaching methods that complement their own style and expertise - provides a discoverybased, active learning environment where students can read, research, and write simultaneously and digest material more thoroughly and effectively - allows for a paperless classroom! As a classroom management system, this online coursebook allows instructors to upload projects and course materials into file folders from which students can download projects and upload finished, automatically time-stamped assignments - class-tested for two years -- and in use for the 2006-2007 academic year -- at Georgetown University |
| advanced legal writing course: Legal Scholar’s Guidebook Elizabeth E. Berenguer, 2020-02-03 The Legal Scholar’s Guidebookdemystifies academic legal writing by providing concrete advice on topic selection, research strategies, and analytical frameworks. It is an essential resource for any serious legal scholar. Nascent scholars will find it a reassuring guide through a demanding process and experienced scholars will find it a source of encouragement. Wherever you are on your scholarly journey, the Guidebook is your compass. Scholars will benefit from: Chapter Brainstormsthat contain Questions guiding entry into stages of the research and writing process. Squelch the Impostor tips that include advice to manage stress inherent at each stage of the research and writing process. Specific assignments to methodically guide the scholar through each stage. Examples, Guides, and Checklists that provide samples to help the scholar understand expectations at each stage. |
| advanced legal writing course: Model Rules of Professional Conduct American Bar Association. House of Delegates, Center for Professional Responsibility (American Bar Association), 2007 The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts. |
| advanced legal writing course: Oran's Dictionary of the Law Daniel Oran, Mark Tosti, 2008 This book gives the reader the core of each legal idea and helps them understand the American legal system as well as how to approach research tasks. It precisely explains contracts, laws, court decisions, and lawyers. It also includes a section on computerized legal research and overhauled sections on bankruptcy, intellectual property, litigation support, national security and other rapidly changing subject areas. |
| advanced legal writing course: Point Made Ross Guberman, 2014-04 In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers. |
| advanced legal writing course: The Science Behind the Art of Legal Writing Catherine J. Cameron, Lance N. Long, 2019 What evidence exists to support the advice that legal writing professors offer their students? For example, do legal readers really prefer short sentences and the active voice? Is outlining the best way to start a memo or brief? Can a certain font type make a brief more persuasive? Is deductive reasoning the most effective form of legal reasoning? Will a legal writer view the use of the word clearly with skepticism? Are judges annoyed by minor grammatical errors or typos? These questions and many more are addressed in The Science Behind the Art of Legal Writing. This text provides easy access to research in the form of social psychological experiments, statistical analyses, and surveys (some done by others and some done by the authors), which suggest that much of the advice given to legal writing students is backed by solid science. As a supplemental text for a first-year legal writing course, or as a primary text for an advanced legal writing course, The Science Behind the Art of Legal Writing provides the evidence--besides saying because I told you so--for requiring students to follow many common legal writing conventions. As the first comprehensive compilation of research addressing legal writing, The Science Behind the Art of Legal Writing provides a much-needed resource to legal writing professionals. The second edition updates the research in the first addition and adds chapters addressing the science of passive voice and the effect of legal training on how students read legal text. Praise for the first edition: Even when incorporating the scientific elements of writing, this book is highly readable and well paced. In fact, the explanations not only embrace their scientific roots but the underlying philosophy as well, including chapters on deductive reasoning and syllogisms. This adds to the appeal of the book, especially for those less inclined to a scientific read...Overall, Cameron and Long have created a book that is valuable for first-year law students and legal scholars alike. Its insights bring new life into old legal writing wisdom. The book's well-organized discussions on everything from outlining to the ethics of legal writing make this a great addition to a legal writing collection. -- Amy Lipford, Law Library Journal, Vol. 107:4 Praise for the second edition: The Science Behind the Art of Legal Writing is a book that belongs in every academic law library collection and every legal writing professor's office. In the introduction, the authors acknowledge the plethora of legal writing texts available to complement any legal writing program, but this is the first to explain the science behind the directives given by legal writing professors and legal writing textbooks. It is a one-stop shop for learning and understanding the science behind legal writ-ing, where students can learn to make informed and logical choices on how to structure their legal writing. -- Whitney A. Curtis, Law Library Journal, Vol. 112:3 |
| advanced legal writing course: Garner's Modern American Usage Bryan Garner, 2009-08-27 A guide to proper American English word usage, grammar, pronunciation, and style features examples of good and bad usage from the media. |
| advanced legal writing course: Legal Document Preparation Manual , 2013-07-18 This book is designed to be used in conjunction with the Paralegal Certificate Course© and other paralegal studies courses to quickly and efficiently prepare paralegals. The notes and samples are designed to reinforce course lesson materials, and to help the student learn to apply the concepts and practical skills necessary for a successful paralegal career. |
| advanced legal writing course: The Legal Writing Handbook Laurel Currie Oates, Anne Enquist, Kelly Kunsch, 1993 |
| advanced legal writing course: Art of Advocacy Noah Messing, 2013-06-28 The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn’s previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the “best advice on legal writing I’ve ever seen.” Features Compiles more than 150 examples of masterfully written legal advocacy and analysis Succinct introductory text presents the facts of each case Detailed annotations by the author highlight How to tell your client’s story How to build and counter six types of legal argument How to organize your arguments How to develop a theme Excerpts from high-interest cases, such as The battle over “Obamacare” A massive copyright suit involving YouTube BP’s oil spill in the Gulf of Mexico Facebook’s infamous feud with the Winklevoss twins Apple’s billion-dollar patent dispute with Samsung Lance Armstrong’s attempt to retain his Tour de France titles Major cases involving gay rights and affirmative action For year-long courses, a stellar option for second-semester students Perfect for practicing litigators who want to see a playbook of moves and strategies from top lawyers and from major cases Stresses strategic choices and the art of building compelling substantive arguments Focuses on briefs and motions Developing a theme Framing issues Isolates examples of specific arguments—doctrinal, textual, legislative history policy, and so on Innovative layout |
| advanced legal writing course: Putting Skills Into Practice Daniel L. Barnett, 2014-10-30 Putting Skills Into Practice: Legal Problem Solving and Writing for New Lawyers is a concise new book that can be used either as the main text for an advanced legal writing course focused on preparing practice-ready documents, or as a reference for new associates. The author, Daniel L. Barnett of the William S. Richardson School of Law, University of Hawaii, has consulted at a variety of law firms. He has found that new lawyers often struggle to complete the projects they are assigned, often because they do not understand how to apply the skills and knowledge they acquired in law school. This step-by-step guide leads advanced legal writing students and new associates through the process of completing typical assignments. It begins with the essential legal process question of determining the law that applies to the issue at hand and then guides readers through sophisticated questions of how to handle unclear analysis in different types of legal documents. |
| advanced legal writing course: Good with Words Patrick Barry, 2019-05-31 If your success at work or in school depends on your ability to communicate persuasively in writing, you'll want to get Good with Words. Based on a course that law students at the University of Michigan and the University of Chicago have called outstanding, A-M-A-Z-I-N-G, and the best course I have ever taken, the book brings together a collection of concepts, exercises, and examples that have also helped improve the advocacy skills of people pursuing careers in many other fields--from marketing, to management, to medicine. There is nobody better than Patrick Barry when it comes to breaking down how to write and edit. His techniques don't just make you sound better. They make you think better. I'm jealous of the people who get to take his classes. --Professor Lisa Bernstein, University of Chicago Law School and Oxford University Center for Corporate Regulation Whenever I use Patrick Barry's materials in my class, the student reaction is the same: 'We want more of them.' --Professor Dave Babbe, UCLA School of Law Working one-on-one with Patrick Barry should be mandatory for all lawyers, regardless of seniority. This book is the next best thing. --Purvi Patel, Partner at Morrison Foerster LLP I am proud to say that, when it comes to writing, I speak Patrick Barry. What I mean is that I use, pretty much every day, the writing vocabulary and techniques he offers in this great book. So read it. Share it. And then, if you can, teach it. There are a lot of good causes in the world that could use a new generation of great advocates. --Professor Bridgette Carr, Assistant Dean of Strategic Initiatives and Director of the Human Trafficking Clinic at the University of Michigan Law School Patrick Barry is my secret weapon. I use his techniques every time I write, and I also teach them to all my students. --Professor Shai Dothan, Copenhagen Faculty of Law I know the materials in this book were originally created for lawyers and law students. But I actually find them really helpful for doctors as well, given that a lot of what I do every day depends on effective communication. There is a tremendous upside to becoming 'Good with Words. --Dr. Ramzi Abboud, Washington University School of Medicine in St. Louis. |
| advanced legal writing course: Advanced Legal Writing Michael R. Smith, 2008 With a practical focus on persuasive writing strategy, Michael R. Smith identifies and explores three processes of persuasive writing—logos, pathos, and ethos—and provides a thorough introduction To The elements of rhetorical style. Using detailed how-to guides and plenty of examples, The author’s distinctive approach to persuasive writing examines: technical aspects of rhetorical style: metaphor, literary allusion, figures of speech, and graphic design three basic processes of persuasive legal writing strategy: Logos: logic and rational argument Pathos: value-based argument Ethos: establishing credibility interdisciplinary contributions to persuasive writing from fields such as cognitive psychology, classical rhetoric, and morality theory effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings in the Second Edition, The reader will find: a new organization that puts a greater emphasis on practice and relatively less on theory for each of the three processes of persuasive writing strategy a new six-Part organization: I. Introduction II. Logos Strategies III. Pathos Strategies IV. Ethos Strategies V. Rhetorical Style VI. The Ethics and Morality of Persuasion coverage of new developments in cognitive psychology, Pathos persuasion, And The role of metaphor in persuasive legal writing. the same manageable length For a complete examination of the technique and strategy behind persuasive writing, Smith’s text strikes the right balance of depth and scope for upper-level legal writing courses. |
| advanced legal writing course: Legal Research Methods Michael D. Murray, Christy Hallam DeSanctis, 2015 Softbound - New, softbound print book. |
| advanced legal writing course: Writing for Law Practice Elizabeth Fajans, Mary R. Falk, Helene S. Shapo, 2010 Writing for Law Practice organizes documents into three sections that correspond to the three major modes of written communication in the law-Litigating, Informing and Persuading, and Rule-making - each with its own signature writing skills. The organization of this text is both realistic and helpful to student and teacher. Part One focuses on pleadings and motions, where concept is primary and expression secondary. Part Two covers letters, memos, trial and appellate briefs, and judicial opinions, which require clarity and perseverance as well as creativity. Part Three covers contracts, legislation, and wills, where conceptualization is inextricable from clear and precise expression. Among the advantages of this organization is that it gives the teacher much flexibility in course design. New features of the second edition include a skills chapter on effective Document Design and its role in reader comprehension; a section in Contracts on negotiation that aims to provide broader context for transactional drafting; expanded discussions of tone and narrative in the Pleadings and Persuasion chapters; expanded coverage of e-mail communication; a section on living wills and health care proxies in the Wills chapter; and new exercises and assignments throughout. Writing for Law Practice is intended for both Advanced Writing and Introduction to Drafting courses. Because drafting is a term without a single, universally agreed-upon meaning, drafting courses do not all cover the same documents. However, this text treats a broad range of documents and a broad range of skills, and so it is suitable for all of these upper-level writing courses. This is our second semester teaching it and I find the book to be one of the best writing books I've ever read. --Nina Neal, Paralegal Program Chair, Central Piedmont Community College |
| advanced legal writing course: Business Law and the Legal Environment Jethro K. Lieberman, George J. Siedel, III, 1993-04 |
| advanced legal writing course: Academic Legal Writing Eugene Volokh, 2003 Resource added for the Paralegal program 101101. |
| advanced legal writing course: Quack this Way Bryan A. Garner, 2013 Two friends, both of them vocational snoots, sat down to film an interview in February 2006. Their subjects: language and writing. The interviewee drove more than an hour, from Claremont to downtown Los Angeles. The interviewer flew from Dallas. They spoke on film for 67 minutes and then walked uphill to a nearby seafood restaurant, where they continued the running conversation they had started five years earlier. They liked each other, and they seemed to understand each other. The rest is history. This is the last long interview with David Foster Wallace. |
| advanced legal writing course: Paralegal Certificate Course Workbook Kirk, 2010 |
| advanced legal writing course: Dimensions of Legal Reasoning Timothy P. Terrell, 2016 The audience for The Dimensions of Legal Reasoning is quite broad -- from legal beginners to seasoned practitioners. Although it begins with attention to some of the basics of legal thinking, it progresses quickly to fundamental issues of legal theory and current legal conflict. The book's goal is to delve deep into the thought process of lawyers and judges confronted with difficult controversies requiring sophisticated analysis. The book creates an ambitious four-part model of the most critical elements within legal reasoning -- nuances of language, varying circumstances, disputed values, and the roles of political institutions -- to demonstrate the inevitability, but structured predictability, of legal disagreement. To initiate its analysis of difficult decision making, the book uses a famous, and controversial, call by a baseball umpire, and then contrasts it with Justice John Roberts' famous comment that judges should simply call the balls and strikes. The tension between these incidents is then referenced throughout the text to develop the special, and quite challenging, character of legal reasoning. The book argues that legal reasoning is unique in its simultaneous concern with several unstable analytic elements: language (our concern with the nature of texts), circumstances (both factual situations and legal categories), values (both individual rights and social outcomes), and political structure (the relationship between courts and legislatures). By using this approach, The Dimensions of Legal Reasoning seeks to improve the analytical perspectives at both ends of the professional spectrum. Law students will be able to appreciate earlier than they usually do the mental agility, rather than memorization prowess, that law practice will require of them. Experienced lawyers will gain a more explicit understanding of the professional acumen they bring to bear when they analyze issues and construct arguments, allowing them to deploy those skills more effectively and explain them clearly as they train their younger colleagues. |
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