Aspen Publishing

The Mindful Legal Writer: Mastering Predictive and Persuasive Writing

Heidi K. Brown


  • ISBN: 9781454836179

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  • Description

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  • Details
    Page Count 672
    Published 09/16/2016
  • Additional Product Details
    Publication Date: 9/14/2016
    Copyright: 2017
    Pages: 672
    Connected eBook with Study Center + Print Book: 9781454836179
    Connected eBook with Study Center: 9798886141610

    Summary of Contents


    Part 1 Predictive Writing
    Section 1 Becoming a Mindful Legal Writer: An Opportunity for Personal and Professional Reinvention
    Introduction to Part 1
    Chapter 1 Putting Legal Writing in Context
    Chapter 2 Pondering Professional Judgment
    Chapter 3 Strategies for Starting a New Legal Writing Assignment

    Section 2 The Mindful Legal Writer’s Raw Materials
    Chapter 4 Understanding the Sources of Legal Rules
    Chapter 5 Learning How to Read Statutes
    Chapter 6 Learning How to Read and Brief Cases
    Chapter 7 Learning How to Read Regulations

    Section 3 The Mindful Legal Writer’s Framework
    Chapter 8 Introduction to the Format of a Single-Issue Legal Office Memorandum

    Section 4 The Mindful Legal Writer’s Work
    Chapter 9 Identifying the Legal Issue, and Extracting and Synthesizing the Rule
    Chapter 10 Rule Explanation: Explaining and Illustrating a Legal Rule Through Case Law
    Chapter 11 Basic Legal Citation for Legal Memoranda
    Chapter 12 Rule Application: Applying the Rule to the Client’s Facts
    Chapter 13 Putting the Memorandum Together: Introductions, Transitions, Headings, and Conclusions
    Chapter 14 Locking in Logic and Abolishing Assumptions in Legal Analysis
    Chapter 15 Writing the Memorandum Header, the Question Presented, and the Short Answer
    Chapter 16 Writing a Statement of Facts in a Legal Office Memorandum

    Section 5 Adjustment, Refinement, and Perfection
    Chapter 17 Preparing for Legal Writing Feedback
    Chapter 18 Becoming an Expert Self-Editor
    Chapter 19 Adding Levels of Sophistication to a Legal Analysis

    Section 6 Expanding and Contracting IREAC/CREAC to Fit an Audience’s Needs
    Chapter 20 Tackling a Multi-Issue Legal Office Memorandum Assignment
    Chapter 21 Drafting Shorter Memoranda and E-mail Communications

    Part 2 Persuasive Writing
    Section 7 Context
    Introduction to Part 2 Transitioning from Predictive to Persuasive Legal Writing
    Chapter 22 Types of Legal Documents Lawyers Use to Persuade

    Section 8 Writing Persuasive Letters in the Litigation Context
    Chapter 23 Writing Persuasive Letters to an Opposing Party or Counsel

    Section 9 Writing Persuasive Pleadings in the Litigation Context
    Chapter 24 Drafting a Persuasive Complaint
    Chapter 25 Drafting a Persuasive Answer
    Chapter 26 Drafting a Persuasive Counterclaim, Third-Party Claim, or Cross-Claim

    Section 10 Persuasion in the Scheduling Phase of Litigation
    Chapter 27 Persuasively Negotiating a Case Schedule

    Section 11 Writing Persuasive Motions and Briefs in the Litigation Context
    Chapter 28 Types of Persuasive Motions Written by Lawyers
    Chapter 29 Drafting a Persuasive Trial-Level Brief
    Chapter 30 Drafting Persuasive Opposition and Reply Briefs
    Chapter 31 Drafting an Appellate Brief

    Section 12 Persuasion Through Oral Argument
    Chapter 32 Preparing for and Delivering an Oral Argument

    Section 13 Drafting Persuasive Mediation/Arbitration Papers
    Chapter 33 What Is Mediation?
    Chapter 34 What Is Arbitration?

    Section 14 Persuasive Writing in the Transactional Context
    Chapter 35 Persuasion in Transactional Lawyering

    Appendix A Converting Benchslaps to Backslaps: Instilling Professional Accountability in New Legal Writers by Teaching and Reinforcing Context
    Appendix B Sample Single-Issue Legal Office Memorandum
    Appendix C Sample Multi-Issue Legal Office Memorandum
    Appendix D Legal Office Memorandum-Drafting Checklist
    Appendix E ‘‘Bring It, Socrates!’’: Conquering Anxiety About the
    Socratic Method and Public Speaking in Law School
    Appendix F Six Tips for Converting a Law School Writing Assignment Into a Job Search Writing Sample
    Appendix G Sample Complaint
    Appendix H Sample Answer
    Appendix I Sample Motion to Compel and Accompanying Memorandum of Points and Authorities
    Appendix J Sample Opposition to Motion to Compel
    Appendix K Sample Motion to Dismiss and Accompanying Memorandum of Points and Authorities
    Appendix L Sample Appellate Brief
    Appendix M Sample Mediation Brief
    Appendix N Sample Settlement Agreement
    Appendix O Sample Oral Argument Outline


  • Author Information

    Heidi Brown

    Professor Brown joined Brooklyn Law School as Director of the Legal Writing Program in 2016. A prolific scholar and author on the importance of legal writing, she has published four books on predictive and persuasive legal writing and federal litigation, as well as numerous scholarly articles for law journals, and is currently working on her forthcoming book The Introverted Lawyer. Inspired by her own experience conquering the fear of public speaking during her litigation career, she is passionate about helping law students and lawyers &"find their authentic lawyer voices” and overcome anxiety about Socratic legal discourse.

    Prior to joining the Law School, Brown served as Associate Professor of Law at New York Law School, where she helped launch the school’s Legal Practice program. Before that, she was an Associate Professor of Legal Research and Writing at the Chapman University Dale E. Fowler School of Law in Orange, California.

    Brown has more than two decades of experience in law practice. She served as Of Counsel with Moore & Lee, LLP, a boutique litigation firm with offices in the Washington, D.C., area and New York City, where she handled all aspects of litigation and arbitration of complex construction contract and building development disputes. She specialized in brief writing for state and federal cases throughout the United States, and mentored the firm’s junior associates in civil procedure, litigation strategy, and legal writing. Before that, she was an associate at the Manhattan firm of Thacher, Proffitt & Wood and at the Washington, D.C., area firm Watt, Tieder, Hoffar & Fitzgerald, LLP.

    In 2014, Brown was appointed to the Fulbright Specialist Roster, making her eligible for two international teaching grants in the next five years through the J. William Fulbright Scholars Program. She studies Italian and has taught legal writing at the University of Trento in Italy. She received her bachelor’s degree in foreign affairs and French literature from the University of Virginia, and her J.D. from the University of Virginia School of Law.

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