Persuasive Legal Writing PDF
Preview Persuasive Legal Writing
Aspen Legal Writing and Research Series Third Edition - - - - PERSUASIVE LEGAL WRITING Louis J. Sirico, Jr. Nancy L. Schultz Third Edition PERSUASIVE LEGAL WRITING Louis J. Sirico, Jr., Villanova University Nancy L. Schultz, Chapman University Persuasive Legal Writing offers complete instruction, exercise~, ;_iml exam pk~ to tt·ach srndems how to frame and assen argumencs. Starting wirh an inrroducrion to das~ical rhetorical devices and rhe psychology of per,u,tsion, author.s Sirico and Schultz unpack every aspect of persuasive writing, from structuring senrcnn:-~ and paragraph., ro wriling style, tone, storytelling, audience analysis, the ethics of argument, and citing authorirics all in a remarkably concise format. Pe1·s1uisi11e Legal Writing, 1hird Edition, features: • A consistent emphasis on the three keys to persuasive writing I. writing simply and clearly 2. arguing ethically 3. writing for your audience • How to focus attention on your argument by !>trucruring ~entt'IKl'\, paragraphs, and document~ • How to achieve an appropriately assertive tone • When and how to cite authorities to support you argument • How to make equity and policy arguments • A helpful summary of common pitfalls in persuasive writing • Generous use of examples th roughuut the rext • Integrated writing exercises for developing advoc1cy skills • A capstone exercise at the end of the: book • An attractive new cover and interior design • Enhanced and streamlined exam • New examples from briefs an • A new chapter on narrative USE~ www.wolterskluwerlb.com Persuasive Legal Writing EDITORIAL ADVISORS Vicki Been Elihu Root Professor of Law New York University School of Law Erwin Chemerinsky Dean and Distinguished Professor of Law University of California, Irvine, School of Law Richard A. Epstein Laurence A. Tisch Professor of Law New York University School of Law Peter and Kirsten Bedford Senior Fellow The Hoover Institution Senior Lecturer in Law The University of Chicago Ronald J. Gilson Charles J. Meyers Professor of Law and Business Stanford University Marc and Eva Stem Professor of Law and Business Columbia Law School James E. Krier Earl Warren Delano Professor of Law The University of Michigan Law School Richard K. Neumann, Jr. Professor of Law Hofstra University School of Law Robert H. Sitko££ John L. Gray Professor of Law Harvard Law School David Alan Sklansky Professor of Law University of California at Berkeley School of Law Kent D. Syverud Dean and Ethan A. H. Shepley University Professor Washington University School of Law Elizabeth Wa nen Leo Gottlieb Professor of Law Harvard Law School AsPEN CouRSEBOOK SERIES Persuasive Legal Writing Third Edition Louis J. Sirico, Jr. Professor of Law and Director of Legal Writing Villanova University Law School Nancy L. Schultz Professor of Law Chapman University School of Law 3~ Wolters Kluwer Law & Business AUSTIN BOSTON CHICAGO NEW YORK THE NETHERLANDS © 2011 Wolters Kluwer. All Rights Reserved. http://lawschoo/.aspenpublishers.com No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Requests for permission to make copies of any part of this publication should be mailed to: Aspen Publishers Attn: Permissions Department 76 Ninth Avenue, 7th Floor New York, NY 10011-5201 To contact Customer Service, e-mail [email protected], call l-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Aspen Publishers Attn: Order Department PO Box 990 Frederick, MD 21705 Printed in the United States of America. 1234567890 ISBN 978-0-7355-0746-3 Library of Congress Cataloging-in-Publication Data Sirico, Louis J., Jr., 1945- Persuasive legal writing / Louis J. Sirico, Jr., Nancy L. Schultz. - Third edition. p.cm Revision of: Persuasive writing for lawyers and the legal profession. 2nd ed. c2001. ISBN 978-0-7355-0746-3 1. Legal composition. 2. Law-United States-Language. 3. Law-United States Methodology. I. Schultz, Nancy L., 1957-II. Sirico, Louis J. Persuasive writing for lawyers and the legal profession. m. Title. KF250.S54 2011 808' .06634-dc22 2010051404 About Wolters Kluwer Law & Business Wolters Kluwer Law & Business is a leading provider of research information and workflow solutions in key specialty areas. The strengths of the individual brands of Aspen Publishers, CCH, Kluwer Law International and Loislaw are aligned within Wolters Kluwer Law & Business to provide comprehensive, in-depth solutions and expert-authored content for the legal, professional and education markets. CCH was founded in 1913 and has served more than four generations of business professionals and their clients. The CCH products in the Wolters Kluwer Law & Business group are highly regarded electronic and print resources for legal, secu rities, antitrust and trade regulation, government contracting, banking, pension, payroll, employment and labor, and healthcare reimbursement and compliance professionals. Aspen Publishers is a leading information provider for attorneys, business profes sionals and law students. Written by preeminent authorities, Aspen products offer analytical and practical information in a range of specialty practice areas from securities law and intellectual property to mergers and acquisitions and pension/ benefits. Aspen's trusted legal education resources provide professors and students with high-quality, up-to-date and effective resources for successful instruction and study in all areas of the law. Kluwer Law International supplies the global business community with com prehensive English-language international legal information. Legal practitioners, corporate counsel and business executives around the world rely on the Kluwer Law International journals, loose-leafs, books and electronic products for author itative information in many areas of international legal practice. Loislaw is a premier provider of digitized legal content to small law firm practi tioners of various specializations. Loislaw provides attorneys with the ability to quickly and efficiently find the necessary legal information they need, when and where they need it, by facilitating access to primary law as well as state-specific law, records, forms and treatises. Wolters Kluwer Law & Business, a unit of Wolters Kluwer, is headquartered in New York and Riverwoods, Illinois. Wolters Kluwer is a leading multinational publisher and information services company. Table of Contents ix Introduction xiii Chapter 1. A Brief Historical Perspective 1 Chapter 2. The Psychology of Persuasion 11 Chapter 3. Storytelling and Persuasion 19 Chapter 4. Make Your Argument Clear and Credible 29 Chapter 5. Write a Well-Organized Argument 43 Chapter 6. Adopt a Persuasive Writing Style 55 Chapter 7. Write Compelling Introductions 67 Chapter 8. State Your Facts Persuasively 77 Chapter 9. Use Authority Persuasively 87 Chapter 10. Make Equity and Policy Arguments 99 Chapter 11. Writing for Nonlegal Audiences 109 Chapter 12. Writing for Legal Audiences 125 Chapter 13. Five Pitfalls in Persuasive Writing 139 Chapter 14. Advocacy and Ethics 149 157 Appendices A. Magic Words: Writing with Flair 157 B. Review Exercise 173 vii
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