Aspen Publishing

Advanced Legal Writing: Theories and Strategies in Persuasive Writing, Third Edition

Michael R. Smith


  • ISBN: 9781454811169

In stock.

  • Description

    With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy.

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  • Details
    Page Count 416
    Published 12/28/2012
  • Additional Product Details

    Summary of Contents

    Part 1 Introductory Matters

    Ch. 1. About This Book

    Ch. 2. The Foundations of Persuasion: Logos, Pathos, and Ethos

    Part 2 Logos Strategies

    Ch. 3. Illustrative Narratives in Rule-Based Analysis

    Ch. 4. Creating Factor Tests

    Part 3 Pathos Strategies

    Ch. 5. Evoking Favorable Emotions and Values

    Ch. 6. Establishing “Legal Plausibility”

    Part 4 Ethos Strategies

    Ch. 7. Credible Character and Good Will

    Ch. 8. Evincing Intelligence

    Part 5 Rhetorical Style

    Ch. 9. Levels of Metaphor in Persuasive Legal Writing

    Ch. 10. Crafting Effective Metaphors

    Ch. 11. Literary References for Nonthematic Comparison

    Ch. 12. Literary References for Borrowed Eloquence

    Ch. 13. Literary References for Thematic Comparison: Summoning Dreams and Swords

    Ch. 14. Final Thoughts on Literary References

    Ch. 15. Other Figures of Speech

    Part 6 The Ethics and Morality of Persuasion

    Ch. 16. The Ethics and Morality of Persuasion: Justifying the Life of a Professional Advocate

  • Author Information

    Michael R. Smith

    Michael Smith has been a Professor of Law and the Director of Legal Writing at the University of Wyoming College of Law since 2006. Prof. Smith administers the law school’s legal writing program and teaches classes in Legal Writing, Appellate Advocacy, and Advanced Persuasive Writing.
    Before joining the University of Wyoming College of Law, Professor Smith taught in two nationally ranked legal writing programs. Immediately prior to joining to the University of Wyoming, he was an Associate Professor of Law at Mercer University School of Law, where he helped design Mercer’s innovative legal writing curriculum. In 2005, the first year legal writing programs were rated, Mercer’s program was rated number 1 in the nation (tied with Seattle) by U.S. News and World Report. Since then, the program that Professor Smith helped to design at Mercer has consistently ranked in the top five in the nation. Before joining Mercer, Professor Smith taught legal writing at Temple University School of Law. Temple’s legal writing program, too, has consistently been ranked in the top five in the country. Before joining the Temple faculty, Professor Smith was on the law faculties of two other law schools: The University of San Diego College of Law (1992-1996); and The University of Florida College of Law (1990-1992). Prior to teaching law, he practiced law in Pensacola, Florida with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler and in Newport Beach, California with the law firm of Gibson, Dunn & Crutcher.
    Professor Smith’s primary areas of scholarly interest are the psychology of persuasion and, more generally, the cognitive processes underlying effective legal writing. He has written extensively in these areas and has given numerous presentations, both in the United States and abroad. In 2002, Smith published his book, Advanced Legal Writing: Theories and Strategies in Persuasive Writing (Aspen 2002). This multi-disciplinary book has been hailed as a groundbreaking work in the area of persuasive legal writing and, as one reviewer noted, ''a must read for every legal writing and advocacy teacher.''* In 2008, Professor Smith published the Second Edition of this book.

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