Introduction to Chapters 4-6 – Persuasive Writing

Chapters 4-6 are about writing arguments. Again, you will use the organizational framework you read about in Chapters 1-3, since objective legal analysis and persuasive legal arguments both employ rule-based reasoning and reasoning by analogy. But when you write an inter-office memo or a client letter analyzing an issue, you explain your rules objectively since you are merely predicting how a court would decide an issue. In contrast, when you write a legal argument or brief to a court, you explain your rules persuasively, since you are arguing to a court in support of a particular outcome. Thus, Chapter 4 is about how to state your rules persuasively.

Chapter 5 is about how to write counter-arguments effectively since a thorough legal argument counters the argument you anticipate your opponent makes.

You should also have in your arsenal the ability to argue based on equity (what’s best for the parties involved in a dispute) or policy (what’s best for the public good). Thus, in Chapter 6, you will read about how to make equity and policy arguments.