Persuasive Legal Writing: A Storytelling Approach (Aspen Coursebook Series) by Camille Lamar Campbell & Olympia R. Duhart

Author:Camille Lamar Campbell & Olympia R. Duhart [Campbell, Camille Lamar]
Language: eng
Format: azw3
Publisher: Wolters Kluwer
Published: 2017-02-13T05:00:00+00:00

The idea of waiting for something makes it more exciting.—Andy Warhol

If you’ve alluded to the story in the other sections of the brief, the judge will be like a curious moviegoer eagerly anticipating the clearest, most compelling presentation of your client’s best arguments. In a storytelling brief, the argument section mimics the plot of a story. Consider the following graphic.

You’ll plot the client’s arguments using an eclectic mix of soft- and hard-sell persuasive techniques. In the status quo portion of your argument, you’ll use soft-sell persuasive techniques to identify and, if necessary, describe the status quo—rules, public policies, traditions, customs—in a way that alludes to the client’s theory and theme. But in the conflict and desired resolution portions of your argument, you’ll rely on hard-sell persuasive techniques such as point headings, rule-based, analogical, and policy-based reasoning to substantiate your arguments.

This chapter is a step-by-step guide to developing persuasive arguments. It’s divided into four subchapters. Chapter 8.1 teaches you how to draft effective point headings that succinctly outline the client’s desired resolution, and Chapter 8.2 introduces you to roadmaps, an ethos-generating navigational tool for streamlining multipart arguments.

The next two subchapters focus on various soft- and hard-sell persuasive techniques. Chapter 8.3 teaches you how to identify and, if necessary, persuasively describe the status quo, and Chapter 8.4 teaches you how to substantiate the client’s desired resolution of the legal conflict. Don’t forget to review the appendices that relate to these topics. Appendix E is a side-by-side comparison of the description of the status quo written from each litigant’s unique point of view, and Appendix F is a side-by-side policy argument comparison. Both are found at the end of the book.

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