The Science Behind the Art of Legal Writing

The Science Behind the Art of Legal Writing

Author: Catherine J. Cameron

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781531007744

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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


Art of Advocacy

Art of Advocacy

Author: Noah Messing

Publisher: Aspen Publishing

Published: 2013-06-28

Total Pages: 487

ISBN-13: 1454836288

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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


Legal Writing

Legal Writing

Author: Robert Edwin Bacharach

Publisher: American Bar Association

Published: 2020

Total Pages: 0

ISBN-13: 9781641056595

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"A magnificent book on writing. Drawing on the lessons from psycholinguistics and rhetoric, Judge Bacharach has written a remarkably practical book on how to write effectively. Judge Bacharach illustrates his points with very specific suggestions and countless examples from briefs from top lawyers and opinions of judges. I learned so much from this wonderful book." -- Erwin Chemerinsky, Dean, Berkeley School of Law


Legal Writing in Plain English

Legal Writing in Plain English

Author: Bryan A. Garner

Publisher: University of Chicago Press

Published: 2013-08-26

Total Pages: 285

ISBN-13: 022603139X

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“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


Point Made

Point Made

Author: Ross Guberman

Publisher: Oxford University Press

Published: 2014-04

Total Pages: 426

ISBN-13: 0199943850

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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.


Making Your Case

Making Your Case

Author: Antonin Scalia

Publisher: West Publishing Company

Published: 2008

Total Pages: 0

ISBN-13: 9780314184719

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In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.


Writing to Win

Writing to Win

Author: Steven D. Stark

Publisher: Crown

Published: 2012-04-24

Total Pages: 322

ISBN-13: 0307888746

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From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades—and that WINS. More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing. Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case—and winning it. Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing—as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference. With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.


Legal Writing Style

Legal Writing Style

Author: Henry Weihofen

Publisher: West Academic Publishing

Published: 1980

Total Pages: 348

ISBN-13:

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Topics in this law school text include a section on writing law school and bar examinations, amplified material on sentence structure and organization, and drafting principles. The book is equally suited for use in courses that concentrate on brief-writing, emphasize formal legal documents, or concentrate on the writing of memoranda or papers similar to law review comments. Also includes chapters on forcefulness, arranging words for emphasis, Opinions, and The Jurisdictional statement.