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Persuasive legal writing : a storytelling approach / Camille Lamar Campbell, Professor of Law, Nova Southeastern University, Shepard Broad College of Law, Olympia R. Duhart, Professor of Law, Director of Legal Research & Writing, Nova Southeastern University, Shepard Broad College of Law.
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Title:Persuasive legal writing : a storytelling approach / Camille Lamar Campbell, Professor of Law, Nova Southeastern University, Shepard Broad College of Law, Olympia R. Duhart, Professor of Law, Director of Legal Research & Writing, Nova Southeastern University, Shepard Broad College of Law.
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Author/Creator:Campbell, Camille Lamar, author.
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Other Contributors/Collections:Duhart, Olympia, author.
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Published/Created:New York : Wolters Kluwer, [2017]
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KF250 .C36 2017
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Number of Items:1
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Status:c.1 Lost - 05-16-2023
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Legal composition--Study and teaching--United States.
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Description:xxi, 323 pages : illustrations ; 26 cm
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Series:Aspen coursebook series.
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Summary:"Persuasive Writing: A Storytelling Approach teaches students how to write effective motion briefs, and other types of non-adversarial persuasive writing by threading a narrative or storytelling theme throughout the entire text. This text endorses a three-stage framework processing, packaging and revising for integrating storytelling into any type of persuasive writing and is premised on the theory that Legal Storytelling is the most effective backdrop for effective advocacy. Organized to make the material accessible and highlight the intuitive nature of legal storytelling, this text will give the novice legal writer several resources to engage with the legal storytelling process." -- Amazon website.
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Notes:Includes bibliographical references and index.
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ISBN:9781454827023 paperback
1454827025 paperback
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Contents:Machine generated contents note: ch. 1 Introduction To Legal Storytelling
Why Stories Engage Readers
Legal Storytelling Defined
Processing, Packaging, and Revising: A Three-Step Approach to Legal Storytelling
ch. 2 Transitioning From Objective Writing To Legal Storytelling
ch. 2.1 Objective Writing vs. Legal Storytelling
Unique Point of View
Carefully Crafted Arguments
Unifying Theory and Theme
Reader-Friendly Formatting Features
Cognitive Corner: Reflections on the Differences Between Objective and Persuasive Writing
ch. 2.2 Modifying Commonly Used Mnemonic Devices for Legal Storytelling
Mnemonic Devices in Legal Storytelling
Objective vs. Persuasive CREAC: An Example
Distinction #1: Headings
Distinction #2: Soft-Sell Persuasive Techniques
Distinction #3: Assertions and Preemptive Selection Strategies
Distinction #4: Policy-Based Reasoning
Distinction #5: The Final Conclusion
ch. 3 Brainstorming Legal Arguments: Assembling The Story's Building Blocks
Role of Argument in Legal Storytelling
Arguments and Core Societal Values
Logos Arguments
Pathos and Ethos Arguments
Two Basic Components of a Legal Argument
Brainstorming Arguments
Develop Empathy
Identify Core Societal Values
Miscellaneous Brainstorming Tips
Streamlining Arguments
Geopolitical Influences
Client's Facts
ch. 4 Developing A Theory And Theme: Creating The Story's Framework
Theory and Theme Defined
Theory
Theme
Transforming the Client's Dilemma into a Story: Developing a Theory and Theme
Unify Arguments with a Case Theory
Capture the Theory's Essence in a Theme
Quotes
Six-Word Stories
Focus Groups
Intermission #1: Moving from Processing to Packaging
ch. 5 Creating Ethos Through Document Design: Clearing A Path For The Judge
Ethos-Generating Navigational Tools
Tables of Contents
Headings
Basic Heading Types
Impact Headings
Impact Heading Drafting Tips
Hyperlinks
Ethos-Generating Design Principles
Font
Whitespace
Charts, Graphs, and Pictures
ch. 6 Showcasing The Theory And Theme: Drafting Introductions And Conclusions
Presenting a Snapshot of the Client's Story
Introduction Drafting Tips
Sample Introductions
Introduction Checklist
Asking for the Client's Desired Resolution
Conclusion Drafting Tips
Sample Conclusion
Conclusion Checklist
Cognitive Corner: Introductions and Conclusions
ch. 7 Harnessing The Power Of Suggestion: Drafting The Statement Of Facts
ch. 7.1 Three-Step Process for Crafting the Statement of Facts
Develop the Emerging Story
Cast the Client's Character
Cast Secondary Characters
Select a Point of View, and Characterize the Conflict
Focus on Facts, Not Opinions
Include the Right Mix of Facts
ch. 7.2 Soft-Sell Persuasive Techniques in the Statement of Facts
Plot Headings
Accentuation
Be Flexible
Be Strategic
Repeat Key Facts
Highlight Absences
Be Detailed
Executive Summaries
Story Words
Depict the Client's Character
Show, Don't Tell
Bonus Materials "A Little Something Extra"
Tips to Jump-Start the Writing Process
Organize the Facts
Generate Story Words
Draft Plot Headings First
Avoid Duplicative Party Designations
Pull Out That Highlighter
Check the Story's Sound
ch. 8 Substantiating The Client's Desired Resolution: The Argument Section
ch. 8.1 Outlining the Client's Desired Resolution: Drafting Effective Point Headings
Point Headings as Ethos-Generating Navigational Tools
Point Heading Basics
Drafting Persuasive Point Headings
Make Smart Organizational Decisions
Use a Drafting Template and the PACC Mnemonic Device
Eliminate Redundancies
Eliminate Excessive Detail
ch. 8.2 Using Roadmaps to Streamline Multipart Arguments
Roadmap Placement and Function
Arguments Requiring Multiple Roadmaps
ch. 8.3 Persuasively Identifying and Explaining the Status Quo
Soft-Sell Persuasive Techniques for Identifying the Status Quo
Persuasively Identifying the Status Quo: A Three-Step Drafting Process
Start Objectively and Use the Theory and Theme
Test for Accuracy and Tone
Persuasive Explanations of the Status Quo
Assertions Highlighting the Theory and Theme
Preemptive Selection Strategies
Strategic Use of Case Illustrations and Explanatory Parentheticals
Utilize Soft-Sell Persuasive Techniques
ch. 8.4 Persuasively Articulating the Conflict and Desired Resolution
Make Smart Structural Decisions
Substantiate the Desired Resolution
Select Appropriate Reasoning Tools
Effectively Use Policy-Based Reasoning
Decide If You Need a Counterargument
Persuasive Techniques Comparison Chart
ch. 9 Storytelling At The Appellate Level: Understanding The Difference Between Trial And Appellate Briefs
Commonalities
Understanding the Appellate Process: Standards of Review
Understanding the Key Differences Between Trial and Appellate Briefs
Subparagraph (1)-Corporate Disclosure Statement
Subparagraph (2)-Table of Contents
Subparagraph (3)-Table of Authorities
Subparagraph (4)-Jurisdictional Statement
Subparagraph (5)-Statement of the Issue Presented for Review
Subparagraph (7)-Summary of the Argument
Subparagraph (10)-Certificate of Compliance
One More Thing
Cognitive Corner: Appellate Briefs
Intermission #2: Moving from Packaging to Revising
ch. 10 Delivering A Cohesive Story Through Strong Editing: Hands-On Tips For Large-Scale And Small-Scale Revisions
Editing Is Essential to Any Good Story
Emotional Side of Editing
Professional Costs of Not Editing
Best Practices for Editing
Checklists and Self-Assessment
Substantive Example
Style Example
Personalized Example
Special Pointers to Boost the Power of Persuasion
Reduce Nominalizations
Don't Be So Intense!
Cut, Cut, and Cut again
Cognitive Corner: Editing
ch. 11 Organizing, Practicing, And Delivering An Effective Oral Argument To Sell Your Story
Oral Arguments at a Glance
Basics
What to Expect
Organizing Your Argument
Integration of Theme
Notebooks and Folders
Practicing Your Argument
Delivering Your Argument
Forensics
Eyes Have It
Listen Up
Voice Control
Questions, Anyone?
Most Common Mistakes
"I can wing it!"
"I wrote a good brief, so I will just take it up and read that!"
"I am going to win by showing everyone I'm smarter than the judge!"
Final Tips
Look the Part
Relax
Be You
Have Fun
Cognitive Corner: Oral Argument
ch. 12 Managing The Story: Developing Effective Time Management Skills
Importance of Time Management
Effective Time Management Strategies
Strategy #1: Make a Written Plan
Determine the Net Completion Time
Break the Assignment into Intermediate Tasks
Devise a Strategy for Completing Intermediate Tasks
Strategy #2: Develop an Accountability System
Strategy #3: Visualize the Finish Line
ch. 13 Modifying The Story For The Workplace: Guidelines For Strong Letters And Professional E-Mails
What's Your Motivation?
Demand Letter
E-mails in the Workplace
Cover Letters
Couple of Caveats
Take Time to Edit with Human Eyes
Forever Is a Long, Long Time
You Are Still a Professional
Cognitive Corner: Letters and E-mails
Sample 1: Sample Motion Brief in Opposition to Summary Judgment
Sample 2: Sample Motion Brief in Support of Motion for Summary Judgment
Appendix A: CREAC for Beginners: A Guide to Understanding the Mnemonic
Appendix B: Side-by-Side Objective and Persuasive CREAC Comparison
Appendix C: Side-by-Side Introduction Comparison
Appendix D: Side-by-Side Statement of Facts Comparison
Appendix E: Side-by-Side Status Quo Comparison
Appendix F: Side-by-Side Policy Argument Comparison
Appendix G: Sample Oral Argument Openings
Purpose
Audience
Global Audience
Tone
Exercises
Memos
E-mail
Checklist: Evaluating a Memo or E-mail
Text Messages
Checklist: Evaluating a Work-Related Text Message
Business Letters
Format
Checklist: Evaluating a Business Letter
Exercises
Principles of Effective Visuals
Tables
Graphs
Line Graphs
Bar Graphs
Charts
Flow Charts
Organizational Charts
Gantt Charts
Circle Charts
Illustrations
Photographs
Drawings
Diagrams
Checklist: Evaluating a Visual
Exercises
Page Design
Report Formats: Memo, Letter, and Booklet
Types of Reports
Incident Report
Recommendation Report
Progress Report
Travel Report
Checklist: Evaluating a Memo Report
Exercises
Checklist: Evaluating a Letter Report
Checklist: Evaluating a Booklet Report
Types of Summaries: Descriptive, Informative, and Evaluative
Summarizing Written Sources
Summarizing Oral Sources
Checklist: Evaluating a Summary
Exercises
Fliers
Checklist: Evaluating a Flier
Brochures
Checklist: Evaluating a Brochure
Newsletters
Checklist: Evaluating a Newsletter
Web Sites
Checklist: Evaluating a Web Site
Exercises
Instructions
Procedure Descriptions
Avoiding Liability
Checklist: Evaluating Instructions and Procedure Descriptions
Exercises
Job Search
Application Letter
Resume
Traditional Resume
Scannable Resume
Contents note continued: Interview
Follow-Up
Checklist: Evaluating an Application Letter, Resume, and Follow-Up
Exercises
Preparation
Preliminaries
Rehearsal
Delivery
Introductions and Conclusions
Vocal Factors
Physical Factors
Eye Contact
Presentation Aids
Enthusiasm
Evaluation of a Presentation
Checklist: Evaluating a Public Speaker
Exercises
Solicited Proposals
Unsolicited Proposals
Internal and External Proposals
Formats of Proposals
Objectives of Proposals
Checklist: Evaluating a Proposal
Exercises
Identification and Evaluation of Sources
Books
Magazines
Newspapers
Academic Journals
Web Sites
Integration of Sources
Summary
Paraphrase
Quotation
Report Format
Transmittal Document
Title Page
Abstract
Table of Contents
List of Illustrations
Glossary
Text
Visuals
Pagination
Collaboration
Documentation
Bibliography
Parenthetical Citations
Checklist: Evaluating a Long Report
Exercises.