The Keys Of Legal Rhetoric A Handbook For Lawyers

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The Keys of Legal Rhetoric. A Handbook for Lawyers

Author : Gianluca Sposito
Publisher : Intra S.R.L.S.
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.2/5 (8 download)

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Book Synopsis The Keys of Legal Rhetoric. A Handbook for Lawyers by : Gianluca Sposito

Download or read book The Keys of Legal Rhetoric. A Handbook for Lawyers written by Gianluca Sposito and published by Intra S.R.L.S.. This book was released on 2020 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Effective forensic communication cannot be achieved in an extemporaneous fashion or without preliminary preparation: communication has to be shaped by studying rhetoric, psychology and paraverbal and non-verbal communication. Knowing and being able to use rhetoric allows you to organize your thinking in a technically valid way and deliver persuasive speech. This book represents a practical aid that will allow the reader to understand classical rhetoric whilst focusing on the needs of modern jurists. - Gianluca Sposito (1973) is a well-known Italian criminal lawyer and teaches "Legal argumentation and trial rhetoric" at the University of Urbino since 2004. He is one of the leading Italian experts in rhetoric and communication. SUMMARY: Introduction - 1. The pillars of forensic eloquence. The role of classical rhetoric - "Regulated" eloquence. Organization of the speech. Lógos, páthos and êthos - The parts of persuasive speech - The introductory part (exordium) - Presentation of the facts (narratio) - Argumentation (argumentatio) - The epilogue (peroratio) - Organization of the arguments (dispositio) - The linguistic and expressive form (elocutio). The virtues of verbal expression (virtutes elocutionis) - The rhetorical skills of the forensic speaker - 2. Rhetorical figures and schemes - 2.1. Rhetorical figures and classification systems - 2.2. Classification by speaker's goals - 2.3. To accentuate - Emphasis - Hyperbole - 2.4. To allude - Allusion - 2.5. To attenuate - Litotes - Euphemism - 2.6. To compare - Comparison - Simile - 2.7. To oppose - Antithesis - Oxymoron - 2.8. To create - Metaphor - Metonymy - Synecdoche - Periphrasis - Antonomasia - Synesthesia - 2.9. To digress - Digression - Parenthesis - Prosapodosis or subnexio - 2.10. To query - Dubitatio - Sermocinatio - Percontatio - 2.11. To dramatize - Apostrophe - Exclamation - 2.12. To mask - Simulation and dissimulation - Antiphrasis - Irony and sarcasm - 2.13. To order - Anastrophe and hyperbaton - Epiphrase - Hysteron proteron - 2.14. To repeat - Anaphora - Polysyndeton 2.14.3. Epiphora - Symploce - Polyptoton - Epanalepsis - Epizeuxis - Anadiplosis - Climax - Alliteration - Homeoteleuton - 2.15. To sentence - Sententia - Maxim - Aphorism - Proverb - 2.16. To subtract - Brachyology, conciseness or brevitas - Percursio - Ellipse - Preterition - Aposiopesis or reticence - Asyndeton - 2.17. To explain - Commoratio - Expolitio - Interpretatio - Definition - Epanorthosis or correctio - 3. Argumentative fallacies - 3.1. Introduction and definition - 3.2. A good argument. Classification of fallacies - 3.3. Semantic fallacies - Lexical ambiguity. Fallacy of the fourth term - Structural ambiguity. Amphiboly. Fallacy of accent- Vagueness. The paradox of Sorites - 3.4. Emotional fallacies - Argumentum ad baculum (appeal to force) - Argumentum ad metum (appeal to fear) - Argumentum ad misericordiam (appeal to pity) - Argumentum ad hominem - Poisoning the Well - Argumentum ad populum (appeal to common belief) - 3.5. Other relevant fallacies - Argumentum ad verecundiam (appeal to authority) - Argumentum ad ignorantiam (appeal to ignorance) - Red herring (irrelevant conclusion) - Straw man fallacy - Plurium interrogationum (complex question) - Argumentum ad consequentiam (appeal to consequences of a belief) - Petitio principii (circular logic) - Secundum quid (hasty generalization) - False precision (over precision or fake precision) - 4. Visual rhetoric - 4.1. The visual - support and topic - 4.2. Visual rhetorical tools in the American criminal trial - 4.3. Visual rhetorical devices in the Italian criminal trial - 4.4. Limitations and problems of visual rhetoric. Concluding remarks

Rhetoric, Persuasion, and Modern Legal Writing

Author : Brian L. Porto
Publisher : Rowman & Littlefield
ISBN 13 : 1498568920
Total Pages : 211 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis Rhetoric, Persuasion, and Modern Legal Writing by : Brian L. Porto

Download or read book Rhetoric, Persuasion, and Modern Legal Writing written by Brian L. Porto and published by Rowman & Littlefield. This book was released on 2020-02-11 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classical rhetorical techniques can enhance the persuasiveness of Supreme Court opinions by making their language clear, lively, and memorable. This book focuses on three techniques—“invention” (creation of arguments), “arrangement” (organization), and “style” (word choice)—in the work of Oliver Wendell Holmes, Jr., Robert Jackson, Hugo Black, William Brennan, and Antonin Scalia, respectively. The justices featured here contributed to the Court’s rhetorical legacy in different ways, but all five rejected the magisterial opinion style of the eighteenth and nineteenth centuries in favor of a more personal and conversational format. As a result, their opinions have endured, and even modern readers who cannot recall the justices’ names understand and embrace the ideas expressed in their legal writings and apply those ideas to current debates. Practicing lawyers, professors, and students can use this book to study legal writing techniques and make their own writing more persuasive.

Introduction to Classical Legal Rhetoric

Author : Michael H. Frost
Publisher : Routledge
ISBN 13 : 1351926322
Total Pages : 200 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Introduction to Classical Legal Rhetoric by : Michael H. Frost

Download or read book Introduction to Classical Legal Rhetoric written by Michael H. Frost and published by Routledge. This book was released on 2017-03-02 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

Rhetoric and The Rule of Law

Author : Neil MacCormick
Publisher : OUP Oxford
ISBN 13 : 0191018783
Total Pages : 304 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Rhetoric and The Rule of Law by : Neil MacCormick

Download or read book Rhetoric and The Rule of Law written by Neil MacCormick and published by OUP Oxford. This book was released on 2005-07-28 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is legal reasoning rationally persuasive, working within a discernible structure and using recognisable kinds of arguments? Does it belong to rhetoric in this sense, or to the domain of the merely 'rhetorical' in an adversative sense? Is there any reasonable certainty about legal outcomes in dispute-situations? If not, what becomes of the Rule of Law? Neil MacCormick's book tackles these questions in establishing an overall theory of legal reasoning which shows the essential part 'legal syllogism' plays in reasoning aimed at the application of law, while acknowledging that simple deductive reasoning, though always necessary, is very rarely sufficient to justify a decision. There are always problems of relevancy, classification or interpretation in relation to both facts and law. In justifying conclusions about such problems, reasoning has to be universalistic and yet fully sensitive to the particulars of specific cases. How is this possible? Is legal justification at this level consequentialist in character or principled and right-based? Both normative coherence and narrative coherence have a part to play in justification, and in accounting for the validity of arguments by analogy. Looking at such long-discussed subjects as precedent and analogy and the interpretative character of the reasoning involved, Neil MacCormick expands upon his celebrated Legal Reasoning and Legal Theory (OUP 1978 and 1994) and restates his 'institutional theory of law'.

Rhetoric for Legal Writers

Author : Kristen Konrad Tiscione
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rhetoric for Legal Writers by : Kristen Konrad Tiscione

Download or read book Rhetoric for Legal Writers written by Kristen Konrad Tiscione and published by West Academic Publishing. This book was released on 2009 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book is intended for use by writing professors who want to inject more substance into their first-year legal research and writing course, as well as advanced legal writing students and upper-class students taking a seminar on rhetoric. The book is divided into two main sections: The first section examines rhetorical theory and its impact on legal argument from the time of ancient Greece to date. The second section, organized by the canons of classical rhetoric, discusses practical applications of rhetorical theory to the specific task of learning to think and write like a lawyer in the twenty-first century. By fusing theory and practice, a legal writer acquires depth-the ability to analyze an issue effectively using all available resources-as well as breadth-the ability to transfer her talent from one context to another. Each chapter includes questions for consideration by the students as well as samples exercises and suggested answers.

Legal Persuasion

Author : Linda L. Berger
Publisher : Routledge
ISBN 13 : 1351623699
Total Pages : 316 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Legal Persuasion by : Linda L. Berger

Download or read book Legal Persuasion written by Linda L. Berger and published by Routledge. This book was released on 2017-08-07 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.

Rhetorical Strategies in Legal Language

Author : Anna Trosborg
Publisher : Gunter Narr Verlag
ISBN 13 : 9783823350897
Total Pages : 182 pages
Book Rating : 4.3/5 (58 download)

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Book Synopsis Rhetorical Strategies in Legal Language by : Anna Trosborg

Download or read book Rhetorical Strategies in Legal Language written by Anna Trosborg and published by Gunter Narr Verlag. This book was released on 1997 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Rediscovering Rhetoric

Author : Justin T. Gleeson
Publisher : Federation Press
ISBN 13 : 9781862877054
Total Pages : 328 pages
Book Rating : 4.8/5 (77 download)

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Book Synopsis Rediscovering Rhetoric by : Justin T. Gleeson

Download or read book Rediscovering Rhetoric written by Justin T. Gleeson and published by Federation Press. This book was released on 2008 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rhetoric is ubiquitous in modern discourse: from arguments delivered in the High Court, to advertisements disseminated in the high street. For the legal and political advocate, persuasion is also a professional technique that must be perfected properly to practise each art. In contrast with the classical era and the middle ages, in which grammar, rhetoric and dialectic were basic features of all education, modern curricula almost entirely neglect any theoretical study of the methods of rhetoric. Rediscovering Rhetoric re-introduces to modern practitioners and students a grasp of the speeches, writings and methodologies of the great classical scholars of rhetoric. Part 1 - Law and Language in the Greco-Roman Tradition provides a contextualised introduction to significant theorists of rhetoric in the classical period, and consists of four chapters written by practising barristers and a current Justice of the Federal Court of Australia. Part 2 - The Practice of Persuasion comprises essays by practitioners distinguished in their pursuit of legal persuasion - one former and two current Justices of the High Court of Australia - illuminating their experiences of argument from the perspective of both bench and bar. Part 3 - The Politics of Persuasion performs a similar function to Part 2, in the related domain of politics. It includes a chapter by Graham Freudenberg, former speechwriter for Gough Whitlam and others. Together the three parts provide a unique inter-disciplinary perspective on the theory and practice of legal and political persuasion. Published in association with the NSW Bar Association.

Style & Persuasion

Author : Nelson Johnson
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.2/5 (181 download)

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Book Synopsis Style & Persuasion by : Nelson Johnson

Download or read book Style & Persuasion written by Nelson Johnson and published by . This book was released on 2023-05-17 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why must you always communicate effectively? Because your success as an attorney depends on always being understood, regardless of your audience. This book comprises 10 chapters, plus Part Five, "A Thumbnail Sketch for the Busy Lawyer," which is digested rendition of the ten chapters. Whether you read this book in its entirety or cherry-pick the sections that matter most to you, you'll find suggestions that will improve your writing style.

The Rhetoric of Law

Author : Austin Sarat
Publisher : University of Michigan Press
ISBN 13 : 0472083864
Total Pages : 301 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Rhetoric of Law by : Austin Sarat

Download or read book The Rhetoric of Law written by Austin Sarat and published by University of Michigan Press. This book was released on 1996-01-23 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVAn interdisciplinary critique of the relationship between words and the law /div

The 12 Secrets of Persuasive Argument

Author : Ronald J. Waicukauski
Publisher : American Bar Association
ISBN 13 : 9781604425949
Total Pages : 260 pages
Book Rating : 4.4/5 (259 download)

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Book Synopsis The 12 Secrets of Persuasive Argument by : Ronald J. Waicukauski

Download or read book The 12 Secrets of Persuasive Argument written by Ronald J. Waicukauski and published by American Bar Association. This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book will give all lawyers the guidance they need to become effective advocates. Whether you have just passed the bar or have been practing for 30 years, this book will help refine your persuasive skills."---from the Foreword by Carolyn B. Lamm, President of the American Bar Association --

Classical Rhetoric and Contemporary Law

Author : Kirsten K. Davis
Publisher : University of Alabama Press
ISBN 13 : 0817361391
Total Pages : 299 pages
Book Rating : 4.8/5 (173 download)

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Book Synopsis Classical Rhetoric and Contemporary Law by : Kirsten K. Davis

Download or read book Classical Rhetoric and Contemporary Law written by Kirsten K. Davis and published by University of Alabama Press. This book was released on 2024 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: "From the twin birth of western rhetoric and law in the Greek-speaking world in the first millennium BCE, law and rhetoric were deeply connected in the ancient world. In the modern era of legal practice, the clear connections between law and classical rhetoric have largely been lost to both those trained in the law and those who study rhetoric. This interdisciplinary reader reestablishes those lost connections by pairing primary source materials in classical rhetoric and contemporary law. The chapters in this volume show that ancient rhetorical texts can deepen or disrupt contemporary notions about principles that lie at the root of western legal traditions and return to us our past, making it possible for scholars across several disciplines to build on work accomplished centuries before. Broken into four parts, this volume first covers the historical development of rhetoric. In Part Two, volume editor Mootz and scholar David A. Frank look at rhetorical theorists at "bookends" of an era when classical rhetoric was de-valued as a mode of thought. Mootz discusses the hegemonic wave of Enlightenment epistemology that separated law from rhetoric, and Frank shows that where Cartesian rationality fails in the modern era, the humanistic tradition of rhetoric allows law to respond to the needs of justice. Part Three consists of ten chapters that each (1) introduce a classical rhetorical theorist to the reader, (2) provide an excerpt from a text by that theorist, and then (3) demonstrate the relevance of that work to a contemporary court case. Moving from the Sophists, through Aristotle and Plato and their Greek contemporaries, to the Roman rhetoricians Cicero and Quintilian, and finally, to the early medieval rhetorician, St. Augustine, these reprinted classical texts are contextualized by leading scholars in law, classics, and rhetoric, each with probing discussion questions for readers to engage and interact with the materials rhetorically. This vital resource of primary texts demonstrates how rhetoric illuminates the operation of the legal system and reconnects law to its rhetorical roots. Structured for use by scholars in critical inquiry and well suited for use in graduate or law school courses, Classical Rhetoric and Contemporary Law will be of interest to law, rhetoric, English, and communication scholars, and as an interactive catalyst to examine the ways in which ancient rhetorical theory informs our understanding of law practice today"--

Handbook of Literary Rhetoric

Author : Heinrich Lausberg
Publisher : BRILL
ISBN 13 : 9789004107052
Total Pages : 968 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Handbook of Literary Rhetoric by : Heinrich Lausberg

Download or read book Handbook of Literary Rhetoric written by Heinrich Lausberg and published by BRILL. This book was released on 1997-12-31 with total page 968 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lausberg's "Handbook of Literary Rhetoric" is an internationally acclaimed, standard reference work on rhetorical techniques in classical literature, ancient and modern. This translation makes it available for the first time to the English-speaking world.

The Way of the Lawyer

Author : Chris Scott Graham
Publisher :
ISBN 13 : 9781616321581
Total Pages : 0 pages
Book Rating : 4.3/5 (215 download)

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Book Synopsis The Way of the Lawyer by : Chris Scott Graham

Download or read book The Way of the Lawyer written by Chris Scott Graham and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This engaging book is your battle manual for the art of war in the legal arena. Chris Scott Graham shares the skills you'll need--developed and honed by trial lawyers over the years--to succeed in the battles you'll undertake on behalf of your clients. More than mere knowledge of legal principles relating to evidence and procedure, this book supplies the insight and strategies gleaned through years of work in the legal profession.

Legal Writing for Real Lawyers

Author : Russell T. Bowlan, J.D., M.A.
Publisher : Author House
ISBN 13 : 1481759507
Total Pages : 277 pages
Book Rating : 4.4/5 (817 download)

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Book Synopsis Legal Writing for Real Lawyers by : Russell T. Bowlan, J.D., M.A.

Download or read book Legal Writing for Real Lawyers written by Russell T. Bowlan, J.D., M.A. and published by Author House. This book was released on 2013-06 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is not another tedious rulebook littered with unfounded gimmicks contrived at a faculty mixer. Here you will find relevant advice from an attorney who has been writing trial and appellate briefs on the frontlines for two decades. Amid the new material in this expanded edition, Mr. Bowlan subdues the oft dreaded summary judgment response. And the gloves come off when he addresses legal ethics in the Epilogue - "Welcome to the Dark Side" - a must-read for every law student who intends to become a practicing lawyer. What do Trolls, Curmudgeons and Yapping Chihuahuas have to do with legal writing? Open the cover and find out.

Readings in Persuasion

Author : Linda H. Edwards
Publisher : Aspen Publishing
ISBN 13 : 145482154X
Total Pages : 485 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis Readings in Persuasion by : Linda H. Edwards

Download or read book Readings in Persuasion written by Linda H. Edwards and published by Aspen Publishing. This book was released on 2014-12-09 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Features: Highly respected author Flexibility can be used as core text in advanced legal writing with other materials secondary text in a basic legal writing course chapters can be taken in any order High-interest, engaging content Each chapter focuses on important legal writing topics rhetoric voice emotion metaphor narrative Features famous case Chapter introductions with compelling insights historical context the story of the case and its litigation information about the lawyers who wrote the briefs on both sides what the courts decided what has happened since Full-text cases and briefs offered on a companion website Photos that enliven the text

Writing to Win

Author : Steven D. Stark
Publisher : Crown
ISBN 13 : 0307888746
Total Pages : 322 pages
Book Rating : 4.3/5 (78 download)

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Book Synopsis Writing to Win by : Steven D. Stark

Download or read book Writing to Win written by Steven D. Stark and published by Crown. This book was released on 2012-04-24 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades—and that WINS. More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing. Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case—and winning it. Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing—as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference. With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.