LWM - CH17 - Persuasive Writing

Chapter 17: Persuasive Writing

Difference between Predictive and Persuasive Writing
  • Predictive Writing: Advisory in nature; focuses on analyzing outcomes.
  • Persuasive Writing: Advocacy-focused; aims to argue for a specific outcome beneficial to the client.
  • The shift in writing style from advising to advocating requires promoting a particular position.
  • Essential to maintain truthfulness; all significant legal and factual details must be included regardless of their perceived benefit to the client.
  • Analytical tools (rule and case synthesis) and organization methods (CREAC) remain unchanged.
Types of Persuasive Legal Documents
  • Common Types Include:
    1. Demand letters
    2. Settlement letters
    3. Complaints
    4. Answers
    5. Motions
    6. Trial Briefs
    7. Appellate Briefs
Methods to Persuade in Writing
  • Three Common Persuasive Methods:
    • Logos (Logic):
    • Uses logical arguments and incisive legal analysis.
    • Utilize the CREAC structure to present reasoning clearly.
    • Pathos (Emotion):
    • Engages the reader's emotions through a cohesive narrative.
    • Aims to evoke feelings that align the reader with the argument.
    • Ethos (Credibility):
    • Establishes trustworthiness through honesty, accuracy, and professionalism.
    • Critical for reinforcing logical and emotional appeals.
Tools to Enhance Persuasion
  • Theory of the Case:
    • Develop a cohesive theory that captures essential points for winning.
    • Weave essential arguments throughout the document to maintain coherence.
  • Structure and Organization:
    • Follow local rules or professor's instructions for formatting.
    • Use the CREAC structure for legal arguments.
    • Start with the strongest argument and minimize weaknesses.
  • Tone and Style:
    • Write positively and assertively about the merits of your argument.
    • Avoid rhetorical questions and overly dramatic statements to maintain credibility.
    • Focus strictly on the case.
  • Primacy and Recency:
    • Present the strongest facts first to shape reader perception.
    • Conclude with a clear explanation of why your side should prevail to reinforce arguments.
  • Sandwiching Bad Facts:
    • Introduce unfavorable facts between positive ones to soften their impact.
  • Active vs Passive Voice:
    • Prefer active voice for clarity and impact.
    • Use passive voice strategically to distance the actor from negative actions.
  • Audience Awareness:
    • Use respectful language, e.g., "the court should" instead of "the court must."
    • Tailor emotional appeals to resonate with the specific audience.
Conclusion
  • Persuasive writing is crucial in legal practice.
  • When tasked with persuasion, understand the desired legal conclusion.
  • Guide the reader through legal analysis towards a conclusion that supports your position effectively.