The Mindful Legal Writer: Mastering Predictive and Persuasive Writing

Summary of Contents

Contents
Preface
Acknowledgments

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

Appendices
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

Index

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