Aspen Publishing

Legal Writing, Fourth Edition

Richard K. Neumann Jr., Sheila Simon, Suzianne D. Painter-Thorne


  • ISBN: 9781543812169

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  • Description

    Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks.

    Written in a style that engages students, Legal Writing, Fourth Edition by Richard K. Neumann Jr., Sheila Simon, and Suzianne D. Painter-Thorne, includes outstanding coverage on organizing analysis according to the CREAC formula (also known as the paradigm), the writing process, storytelling techniques, rule analysis, statutory interpretation, and professionalism. In addition, the book has a dynamic website where student resources include Sheila Simon’s famed lasagna presentation, classroom and independent exercises, self-assessment checklists, and other learning tools.

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  • Additional Product Details
    Publication Date: 2/1/2019
    Copyright: 2019
    Pages: 384
    Connected eBook with Study Center + Print Book: 9781543805192
    Connected eBook with Study Center: 9781543812169

    Buy a new version of this Connected Casebook and receive access to the online e-book, practice questions from your favorite study aids, and an outline tool on CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes— portability, meaningful feedback, and greater efficiency.

    Detailed Table of Contents (PDF Download)

    Summary of Contents


    1. Writing and Professional Work

    Part 1: Legal Rules and Their Sources
    2. Inside a Rule of Law
    3. More about Rules
    4. Analyzing a Statute
    5. Analyzing a Judicial Opinion
    6. Reading a Case for Issues, Rules, and Determinative Facts
    7. Policy and Why Courts Care About It
    8. Selecting the Right Authority
    9. Working with Statutes
    10. Working with Cases

    Part 2: The Process of Writing
    11. Getting to Know Yourself as a Writer
    12. Inside the Process of Writing
    13. How Professional Writers Plan Their Writing

    Part 3: Office Memoranda
    14. Writing an Office Memorandum
    15. Interviewing the Client
    16. Predictive Writing in an Office Memorandum

    Part 4: Organizing Analysis
    17. CREAC: A Formula for Structuring Proof of a Conclusion of Law
    18. Varying the Sequence and Depth of Rule Explanation and Rule Application
    19. Advanced CREAC: Organizing More Than One Issue
    20. Working with CREAC in First Drafts and in Later Drafts

    Part 5: Working Effectively with Details
    21. Writing Effective Paragraphs and Sentences
    22. Effective Style: Be Clear, Vivid, and Concise
    23. Citing and Quoting Authority

    Part 6: Informal Analytical Writing
    24. Advising and Counseling the Client
    25. Client Letters
    26. Electronic Communication

    Part 7: The Shift to Persuasion
    27. What Persuades a Court?
    28. Writing a Motion Memorandum

    Part 8: Telling the Client’s Story
    29. The Statement of the Case in a Motion Memo or Appellate Brief
    30. Developing a Persuasive Story
    31. Telling the Story Persuasively

    Part 9: Making the Client’s Arguments
    32. The Argument in a Motion Memo or Appellate Brief
    33. Point Headings and Subheadings

    Part 10: Appellate Briefs and Oral Argument
    34. Appellate Practice
    35. Writing the Appellate Brief
    36. Handling Standards of Review
    37. Questions Presented
    38. Making Policy Arguments
    39. Oral Argument


  • Author Information

    Suzianne Painter-Thorne

    J.D. (Order of the Coif), University of California, Davis, School of Law, 2002
    B.A. (with high honors, Anthropology), University of California, Davis, School of Law, 1999

    Professor Painter-Thorne teaches American Indian Law, Client Counseling, Legal Writing, and Property. In addition to teaching, she has coached several moot court teams throughout her six years at Mercer and is the faculty advisor to Mercer’s Advocacy Council.

    Professor Painter-Thorne’s scholarship focuses on the intersection of law and culture, with particular emphasis on American Indian law. Her recent publications include: A Strange Kind of Identity Theft: How Competing Definitions of &"Indian” May Deny Individual Identity, 14 Conn. Pub. Int. L.J. 29 (2014); Tangled Up in Knots: How Continued Federal Jurisdiction over Sexual Predators on Indian Reservations Hobbles Effective Law Enforcement to the Detriment of Indian Women, 41 New Mexico L. Rev. 239 (2011); If You Build it, They Will Come: Preserving Tribal Sovereignty in the Face of Indian Casinos & the New Premium on Tribal Membership, 14 Lewis & Clark L. Rev. 311 (2010); One Step Forward, Two Giant Steps Back: How the &"Existing Indian Family” Exception (Re)Imposes Anglo American Legal Values on American Indian Tribes to the Detriment of Cultural Autonomy, 33 Am. Indian L. Rev. 329 (2009); Contested Objects, Contested Meanings: Native American Grave Protection Laws and the Interpretation of Culture, 35 U.C. Davis L. Rev. 1261 (2002). She has also written about legal writing, including 7 Virtues of Appellate Brief Writing: An Update from the Bench, 38 SW. L. Rev. 221 (2008), co-authored with the Honorable Harry Pregerson. Her current works-in-progress include Fraying the Knot: Tribal DOMA and Marital Property Rights, which examines the effects of tribal prohibitions of same-sex marriage on the disposition of marital property.

    After graduating from law school, Professor Painter-Thorne was a litigation associate at Orrick, Herrington, & Sutcliffe in Sacramento, California. She then served as a law clerk to the Honorable Harry Pregerson on the United States Court of Appeals for the Ninth Circuit before joining the Mercer faculty in 2006. Professor Painter-Thorne is a member of the American Constitution Society, Association of Legal Writing Directors, and the Society for American Law Teachers. She also serves on the board of the Legal Writing Institute.

    Professor Painter-Thorne received her J.D. (Order of the Coif) from the University of California, Davis, School of Law and her undergraduate degree with high honors in anthropology from the University of Maryland. She is a member of the California State Bar.

    Sheila J. Simon

    Following law school, Sheila Simon worked as a staff attorney at a legal aid clinic, the Land of Lincoln Legal Assistance Foundation from 1987 to 1992, providing legal services to indigent clients. She was an associate at the firm of O'Neill & Colvin in Carbondale, Illinois, from 1992 to 1994 and then served as an assistant state's attorney in Jackson County, Illinois from 1994 to 1998, where she prosecuted DUIs and domestic battery cases. Along with several other attorneys and with the support of school faculty, Simon helped to inaugurate Southern Illinois University's law school domestic violence clinic in 1998. She worked as a clinical assistant professor at Southern Illinois University School of Law from 2000 to 2005 and was promoted to clinical associate professor in 2005. She taught both lawyering skills and family law in addition to her clinical teaching.

    In 2010, Simon was elected Lieutenant Governor of Illinois. She and her husband, Perry, have two daughters, Reilly and Brennan, and she plays banjo and bassoon in the band Loose Gravel.

    Richard K. Neumann

    At Hofstra, Alexander Bickel Distinguished Professor of Law Richard K. Neumann has taught Contracts; Transactional Lawyering; International Business Transactions; Legal Writing; Civil Procedure; Legal Interviewing, Counseling and Negotiation; Pretrial Litigation; Federal Courts; Trial Techniques; and clinical courses.

    Professor Neumann is the author or coauthor of four textbooks: Transaction Lawyering Skills; Essential Lawyering Skills (with Prof. Krieger); Legal Writing (with Prof, J. Lyn Entrikin of the Univ. of Arkansas and Sheila Simon, Lt. Governor of Illinois); and Legal Reasoning and Legal Writing (with Prof. Kristen Tiscione of Georgetown Univ.) His articles have appeared in the Georgetown Journal of Legal Ethics, the Hastings Constitutional Law Quarterly, the Journal of Legal Education, the Clinical Law Review, the Fordham Law Review, and the Yale Journal of Law and Humanities, among others.

    He is an editorial advisor to Aspen Publishers, one of the largest publishers of law school textbooks. He has served on several committees of the American Bar Association’s Section of Legal Education and Admissions to the Bar as well as a number of ABA site inspection teams. He has been chair of American Law Schools’ Section on Legal Writing, Reasoning and Research; a member of the board of directors of the Legal Writing Institute, and a member of the board of directors and the executive committee of the Association of Legal Writing Directors. He is a frequent speaker at legal education conferences.

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