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Making Your Point: A Practical Guide to Persuasive Legal Writing
Incisive Media, July 2007, Pages: 250
CHAPTER 1
COMPOSITION (Understanding the Writing Process)
–The Writing Process Begins With Getting the Assignment Straight
–Your Writing Is a Barometer of Your Think-ing
–Thorough Editing Proceeds in Stages
–Writing Is a Self-Analytical Process
–You Have To Walk a Mile n the Reader's Shoes
–Know When It Is Time To Rewrite Rather Than Edit
–Seek Feedback on Your Work for a Fresh Perspective
–When Writing a Memo, Keep the Reader in Mind
–When Editing is Limited, Perform a Triage
–Good Editing Is Important, But Solid Preparation Is Key
–Misinterpreting Cases Is an Occupational Hazard
CHAPTER 2
STRATEGY (Formulating Your Point)
–Footnotes Are Where the Horse is Buried
–Which Comes First: the Chicken or the Egg?
–Weak Arguments Are Pellets For the Shotgun Approach
–Look Within for the Premise of Your Argument
–If a Square Peg Won't Fit, Try a Round One
–Don't Be Afraid to Make Your Own Dicta
–Sometimes the Illogical Is Very Logical
–Choose An Approach That Will Appeal to the Court's Conscience
–Look Behind the Quotation for the Rationale
–Jealousy Guard Your Credibility With the Court
CHAPTER 3
PRIMACY (Persuading the Reader as Soon as Possible)
–Donmt Give Your Adversaries Free Airtime
–Point Headings Should Persuade
–Begin Paragraphs With Ideas Rather Than Case Names
–Put Your Openings to Good Use
–In a Memo, the Short Answer Should Get Immediately to the Point
–In Case Write-Ups, Get Quickly to the Holding
–Lead With Good Facts if the Law Is Unsettled
–Preliminary Statements Should Focus on the Facts
–Develop Momentum By Tapping the Reader's Emotions
–Favor Facts Over Law for Initial Reader Contact
–The Need for Clarity Many Override the Risk of Exaggeration
CHAPTER 4
LOGIC (Maintaining the Flow of Ideas)
–Transition by Repetition: Take One Step Back To Go Two Steps Forward
–Grouping and Subordination Help Guide and Persuade the Reader
–If You Have More Than One Dispositive Point, Let the –Reader Know Up Front
–Use “Accordingly,” “Thus” and “Therefore” Sparingly
–“However” Is Usually and Unnecessary Signal
–Reasons Persuade: Conclusions Do Not
–Check Your Lists for Logical Structure
–Be Wary of the “In Order to” or “To” Construction
–“Rather” Is an Unnecessary, Annoying Signal
–Carefully Craft Your Sets and Subsets
–Be Cautious Using “And” as a Connector
CHAPTER 5
PERSPECTIVE (Helping the Reader See It Your Way)
–Is the Glass Half Empty or Half Full?
–Give a Quotation of Good Introduction
–Don't Be Afraid to Characterize the Facts
–Characterize Your Time Intervals To Take Control of the Facts
–Even Procedural Histories Can Be Persuasive
–Be Upbeat But Not Pollyanish
–Be Brief but Not Brusque in Your Shorthand References
–A Rose By Any Other Name Might Not Be as Popular
–Brief Writing Requires a Formal Style
–Summarize Statutes and Rules Before Quoting Them
–Take Control of Your Quotations, Don't Let Them Control You
CHAPTER 6
FOCUS (Homing in on the Point)
–Use Smaller Categories To Convey Precise Information
–When Tracking Statutes and Rules, Use Only What You Need
–Trim the Facts To Bring out the Essence of Your Case
–Eliminate “There Is” and “There Are”
–Take Control of Statutes by Summarizing Them
–Use Quotation Marks to Focus the Reader's Attention
–Precision Begets Persuasion
–Skip the Generalities and Go Straight to the Specifics
–Though Detail Is Usually Helpful, It can Be Overdone
–Maximize the Impact By Making One Point at a Time
–Tighten Your Work By Omission and Compression
–Precision Brings Your Idea to a “Point”
–Skip the Unnecessary Tack-On Explanation
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