2013 Craig Jones, «The Troubling New Science of
Legal Persuasion: Heuristics and Biases in Judicial Decision Making» (2013) 41 Adv. Q. 48.
Second, although the authors describe the text as a «general primer» on
legal persuasion, 6 the book is not designed as a standalone text for a first - year legal writing class.
Consequently,
Legal Persuasion is an excellent text for an advanced advocacy or rhetoric course, or an appellate clinic or moot court program.
Legal writing professors will still benefit from reading
Legal Persuasion and the many useful examples could be incorporated into the first - year classroom when discussing persuasive writing techniques.
Most first - year legal writing course are «genre - driven,» designed around the particular documents lawyers produce — a complaint, a motion, a brief, a memo, or an email, for example.7 While many of the techniques described in
Legal Persuasion could be incorporated into persuasive genres like an appellate brief, this text is not organized by genre and does not provide the nuts and bolts of drafting these documents.
It is «The Troubling New Science of
Legal Persuasion: Heuristics and Biases in Judicial Decision Making», published in the April 2013 edition of The Advocates» Quarterly (and accessible through HeinOnline).
To understand why lawyers don't use visuals effectively, you need to understand the elements of
legal persuasion.
The complexity of modern
legal persuasion goes far beyond the dispensing of moral axioms.
Given the close relationship between classical rhetoric and modern
legal persuasion, it comes as no surprise that a number of contemporary writers have written about this relationship for the legal writing community.162 Two of the writers mentioned in the introduction to this Article, Michael Frost and Michael Smith, have written repeatedly about this relationship and produced treatises with extensive commentary on the uses of classical rhetoric in modern
legal persuasion.163 Both treatises contain chapters on the uses of ethos in modern
legal persuasion, with useful advice for the modern legal advocate.
And yet most contemporary rhetoricians, including those who teach
legal persuasion, undoubtedly do not regard themselves as moral instructors.
Much written
legal persuasion, and the self it embodies, sounds the same.
To that end, this Article will now turn to two contemporary treatises on the topic of ethos and
legal persuasion.
Book Review:
Legal Persuasion: A Rhetorical Approach to the Science Linda L. Berger and Kathryn M. Stanchi, Routledge 2017, 170 Pages
In my view, this construction of a discoursal self is a crucial aspect of law students» education in legal writing and
legal persuasion, although seldom discussed or even acknowledged.
Book Review:
Legal Persuasion: A Rhetorical Approach to the Science Linda L. Berger and Kathryn M. Stanchi, Routledge 2017, 170 Pages by Lori D. Johnson * and Sarah Morath * Having previously collaborated on the celebrated Feminist Judgments series, 1 Professor Berger and Professor Stanchi now turn to a theoretical examination of the skills of
legal persuasion.
It can be frustrating when your «fantastic» abilities in
legal persuasion don't appear to be winning the day.
Not exact matches
Their research was called Narrative
Persuasion in
Legal Settings: What's the Story?
She contrasts the unbridled, «passionate» French approach to change, with its apocalyptic reliance on violence and political assassination, with the «compassionate» approach of the American Revolution, with its uses of
persuasion and
legal mechanisms to achieve radical ends.
In synagogue and church and home, most citizens have used the Bible both for salvation and for the ordering of life — voluntarily, through
persuasion, not by
legal establishment.
The subtle as well as the more obvious techniques of
persuasion, coercion and
legal controls are part of the functioning of morality.
It means that Christians should attempt by education,
persuasion, and where necessary by
legal action to secure a minimum standard of income for all, commensurate with the cost of living.
The reporter says that while «
legal experts said the First Amendment grants Supreme Court justices, just like any other U.S. citizen, the right to speak their mind,» other experts insist that «Scalia's comments were difficult to reconcile with his judicial obligation to regard citizens of all religious
persuasions — whether believer or unbeliever, Christian or non-Christian — as equals under the law.»
«I have the
legal authority and sometimes the moral
persuasion to perform marriages,» he said.»
There are four types of informational text: narrative (essays, biographies, memoirs, correspondence); expository (textbooks, government documents); argument or
persuasion (opinion pieces, speeches,
legal documents); and instructional or procedural (guidelines that describe how to complete a task, such as manuals or contracts).
'' dandelion ghosts from f / k / a Speaking of weblog
persuasion, Lisa Stone at
Legal Blog Watch quotes a couple Law.com luminaries who seem riled [Read More]
Sean Flammer, Persuading Judges: An Empirical Analysis of Writing Style,
Persuasion, and the Use of Plain English, 16
Legal Writing 183 (2010).
If you want to make your
legal writing scream with
persuasion and polish and style, follow this brief guide to editing like a pro.
A few examples: Kathryn Stanchi has explored a number of these topics in depth, such as her influential article that explores social science research on
persuasion as applied to how
legal advocates should present a court with negative information about their client orposition.21 She and Linda Berger have recently published a textbook combiningtheir interests in science and
persuasion, setting themselves the ambitious goal of «unit [ing]
persuasion science with rhetorical theory and the real - life practice of
persuasion.»
Kristen Konrad Robbins - Tiscione, Rhetoric for
Legal Writers: The Theory and Practice of Analysis and
Persuasion 203 (2009)(quoting Aristole).
Trial lawyers must master the art of oral and written
persuasion as they argue motions, try cases, take depositions and draft various
legal pleadings.
We will guide you through the
legal process and put together the strongest possible defence, presenting your case with clarity and
persuasion.
Previously, the courts did not require a great deal of
persuasion that Parliament had intended to override
legal professional privilege.
The article explores the consequences for
legal theory and practice of the shift from an objectivist to a constructivist approach to human knowledge, using an expanded, multidisciplinary understanding of rhetoric to analyze the elusiveness of evidentiary truth and the nature and ethics of
persuasion in the digital era.
Take
persuasion and negotiation, or formulating
legal arguments in court, or assessing the credibitility of a witness for example.
This session will focus on effective
legal writing and improving
persuasion skills through writing.
For 2014, I want to share new videos on those same topics and also highlight a subject that the
legal industry is passionate about:
persuasion.
They do so by fusing differentiated
legal judgment with
persuasion, ethical compliance, and humanity.
9 For example, a search for «
legal writing» on the Massachusetts Continuing Legal Education website revealed several legal writing resources published since 2012, including «Drafting Persuasive Memoranda in Criminal Cases,» «Legal Research and Writing for Paralegals,» «Legal Writing and Persuasion in the Smart Phone Age,» and «Writing to Win with Judge Gertner.&r
legal writing» on the Massachusetts Continuing
Legal Education website revealed several legal writing resources published since 2012, including «Drafting Persuasive Memoranda in Criminal Cases,» «Legal Research and Writing for Paralegals,» «Legal Writing and Persuasion in the Smart Phone Age,» and «Writing to Win with Judge Gertner.&r
Legal Education website revealed several
legal writing resources published since 2012, including «Drafting Persuasive Memoranda in Criminal Cases,» «Legal Research and Writing for Paralegals,» «Legal Writing and Persuasion in the Smart Phone Age,» and «Writing to Win with Judge Gertner.&r
legal writing resources published since 2012, including «Drafting Persuasive Memoranda in Criminal Cases,» «
Legal Research and Writing for Paralegals,» «Legal Writing and Persuasion in the Smart Phone Age,» and «Writing to Win with Judge Gertner.&r
Legal Research and Writing for Paralegals,» «
Legal Writing and Persuasion in the Smart Phone Age,» and «Writing to Win with Judge Gertner.&r
Legal Writing and
Persuasion in the Smart Phone Age,» and «Writing to Win with Judge Gertner.»
Forum 749, 77888 (1998); Kathryn Stanchi,
Persuasion: An Annotated Bibliography, 6 J. ALWD 75 (2009); Carrie W. Teitcher,
Legal Writing Beyond Memos and Briefs: An Annotated Bibliography, 5 J. ALWD 133 (2008); Terrill Pollman & Linda H. Edwards, Scholarship by
Legal Writing Professors: New Voices in the
Legal Academy, 11 Leg.
My underlying concern is that a purist public law approach could constitute a break in the
legal order, if you like a revolution imposed by intellectual
persuasion, that could «pull the constitutional rug» from under the feet of investment treaty law.
While the complex nature of the topics may be too advanced for first - year law students, upper - level students, professors, judges, and
legal practitioners with some basic knowledge of rhetoric and
persuasion will find this book engaging and will finish this book with new examples and a greater understanding of established theories.
Legal writing professors are leaders in advancing interdisciplinary collaborations, particularly in areas like rhetoric,
persuasion, and cognitive psychology.
See Lillian B. Hardwick, Classical
Persuasion Through Grammar and Punctuation, 3 J. ALWD 75 (2006)(describing the connection between credibility and writing mechanics as described in
legal writing textbooks and beyond).
As we discussed in our recent piece «Robot, Esq.: Four Reasons Lawyers Shouldn't Fear AI and Automation
Legal Tech», there are critical limitations on the ability of existing, non-general AI to replace human beings in legal practice — including the truly bespoke nature of certain tasks, the lack of sufficiently relevant and tailored data sets to train algorithms to handle even semi-bespoke tasks (given the complex cocktail of idiosyncratic considerations that good legal counsel comprises), and the non-empirical or data - driven aspects of the practice of law — involving emotional intelligence, communication, and persuasion — which I believe are core to providing effective legal serv
Legal Tech», there are critical limitations on the ability of existing, non-general AI to replace human beings in
legal practice — including the truly bespoke nature of certain tasks, the lack of sufficiently relevant and tailored data sets to train algorithms to handle even semi-bespoke tasks (given the complex cocktail of idiosyncratic considerations that good legal counsel comprises), and the non-empirical or data - driven aspects of the practice of law — involving emotional intelligence, communication, and persuasion — which I believe are core to providing effective legal serv
legal practice — including the truly bespoke nature of certain tasks, the lack of sufficiently relevant and tailored data sets to train algorithms to handle even semi-bespoke tasks (given the complex cocktail of idiosyncratic considerations that good
legal counsel comprises), and the non-empirical or data - driven aspects of the practice of law — involving emotional intelligence, communication, and persuasion — which I believe are core to providing effective legal serv
legal counsel comprises), and the non-empirical or data - driven aspects of the practice of law — involving emotional intelligence, communication, and
persuasion — which I believe are core to providing effective
legal serv
legal services.
A speech to a group of international law students at University College London Faculty of Laws was a reminder of how critical it is for students to be aware of marketplace changes and to acquire practice and «contemporary» skills that include business basics, understanding how technology is used in
legal delivery, collaboration,
persuasion, personal brand development, and data analytics to cite a few.
Mapping a
legal Process is exhausting and trying on the participants, which means it is critical that participants buy in on the concept (again, People and
Persuasion) and provide their undivided attention.
Judging by the topics searched for and read during the 100,000 + visits to A2L's website and industry - leading litigation blog so far in 2017, the
legal industry is especially eager to learn more about voir dire, storytelling for
persuasion (including visual
persuasion), and jury consulting generally.
Pixel
Persuasion:
Legal Writing for the 21st Century Wednesday, March 8, 2017, 1:00 — 2:15 p.m. CUNY Graduate Center, 365 Fifth Avenue, New York, New York
Pixel
Persuasion:
Legal Writing for the 21st Century (co-presenter with Christine Falcicchio, Esq.) Monday, June 6, 2011, 6:00 - 8:00 p.m. 14 Vesey St., New York, New York
Pixel
Persuasion:
Legal Writing for the 21st Century Wednesday, November 19, 2014, 7:00 p.m - 8: 30 p.m. (reception 6:00 p.m. - 7: 00 p.m.) Abigael's Restaurant, 1407 Broadway, New York, New York