Aspen Publishing

The Mindful Legal Writer: Mastering Persuasive Writing

Heidi K. Brown


  • ISBN: 9781454836193

In stock.

  • Description

    The Mindful Legal Writer: Mastering Persuasive Writing is designed to provide practical real-life context for the role of persuasive legal writing in authentic law practice. Students need to understand WHY lawyers write the way they do, and HOW the students’ own work product will be useful in real life by a supervising attorney, client, or judge. This book encapsulates ways to inject passion into teaching and learning persuasive legal writing, with the goal of empowering students to take ownership of their writing craft. The Mindful Legal Writer: Mastering Persuasive Writing offers best practices for presenting a legal argument in a logical, engaging, and ethical manner—no matter what the assignment. Once students have mastered these fundamentals, they can learn how to add their own “artistic” flair.

  • Details
    Page Count 400
    Published 02/09/2016
  • Additional Product Details

    Detailed Table of Contents (PDF Download)


    Part 1 Context

    Introduction: Transitioning from Predictive to Persuasive Legal Writing

    Chapter 1: Types of Legal Documents Lawyers Use to Persuade

    Part 2: Writing Persuasive Letters in the Litigation Context

    Chapter 2: Writing a Persuasive Letter to an Opposing Party or Counsel

    Part 3: Writing Persuasive Pleadings in the Litigation Context

    Chapter 3: Drafting a Persuasive Complaint

    Chapter 4: Drafting a Persuasive Answer

    Chapter 5: Drafting a Persuasive Counterclaim, Third-Party Claim, or Cross-Claim

    Part 4: Persuasion in the Scheduling Phase of Litigation

    Chapter 6: Persuasively Negotiating a Case Schedule

    Part 5: Writing Persuasive Motions and Briefs in the Litigation Context

    Chapter 7: Types of Persuasive Motions Written by Lawyers

    Chapter 8: Drafting a Persuasive Trial-Level Brief

    Chapter 9: Drafting Persuasive Opposition and Reply Briefs     

    Chapter 10: Drafting an Appellate Brief

    Part 6: Persuasion Through Oral Argument

    Chapter 11: Preparing for and Delivering an Oral Argument

    Part 7: Drafting Persuasive Mediation/Arbitration Papers

    Chapter 12: What Is Mediation?

    Chapter 13: What Is Arbitration?

    Part 8: Persuasive Writing in the Transactional Context

    Chapter 14: Persuasion in Transactional Lawyering


    A Sample Complaint

    B Sample Answer

    C  “Benchslap” Article

    D Sample Discovery Motion (Motion to Compel)

    E Sample Opposition to Motion to Compel

    F Sample Motion to Dismiss

    G Sample Appellate Brief

    H Sample Mediation Paper

    I Sample Settlement Agreement

    J 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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