Advanced Legal Writing, Third Edition: Theories and Strategies in Persuasive Writing, Third Edition by Michael R. Smith

Author:Michael R. Smith [Smith, Michael R.]
Language: eng
Format: epub
Amazon: B00BFTD4Y4
Publisher: Wolters Kluwer
Published: 2012-12-27T21:00:00+00:00

a. By using proper grammar;

b. By using correct punctuation;

c. By writing in a clear, understandable, uncomplicated style.

A legal advocate who writes in this way benefits in terms of both logos and ethos. In terms of logos, the advocate is more persuasive because an articulate writing style allows readers to understand more easily the substance of the arguments. Moreover, errors in punctuation and grammar can distract readers from the substance. A distracted audience is much more difficult to persuade than an attentive one. In terms of ethos, effective grammar and a clear writing style indicate to readers that the writer is articulate and intelligent. Thus, these aspects of a document enhance the writer’s credibility in the eyes of the reader.

2. Highlighting Strategies for Establishing That One Is Articulate

Highlighting strategies for evincing that one is articulate are relatively rare in legal writing because a reader can readily tell from the document at hand if the advocate is articulate. This is not to say, however, that such highlighting strategies do not exist. In fact, they are used with some regularity in another form of writing: journalism. The most common strategy involves the writer’s intentional use of grammatically incorrect or awkward language and an immediate acknowledgment of that use. Consider the following examples:

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