ABA National Solo and Small Firm Conference 2009 Recap – Persuasive Writing

This is my final post in my series recapping this year’s ABA National Solo and Small Firm Conference. One of my favorite sessions was the session on persuasive writing presented by Lisa Solomon and NY judge Gerald Lebovits.

Lisa Solomon began her presentation by reminding the audience that to write persuasively, you must keep the client’s (or judge’s) point of view in mind. If you want to persuade, tell a compelling story – stories allow people to persuade themselves.

In a brief, the statement of the facts is the opportunity to tell your story. Your statement of facts sets the stage for your argument – you can’t argue until you’ve accurately set forth the facts. To make an impression and make your brief more like a compelling story, name your ‘characters’ – don’t keep using ‘plaintiff’ and ‘defendant.’

Whether you’re writing for the court or for your potential clients, anticipiate and address common or known objections head-on. In your briefs, give the other side’s facts and law in a neutral way – but don’t leave them out if they’re relevant.

In addition to your story or theme, organization and sentence structure are important in persuasive writing. Lebovits advises that the greatest emphasis is at the end and second greatest is in the beginning of your writing. The shorter the sentence, the more emphatic it is. Want to bury something (unfavorable facts, etc.)? Put them in the middle or in longer sentences. 

Write in plain English, use positive rather than negative language, and write in the active voice.  He says, “Be concise but not so concise that you’re not being precise in your writing.”Solomon advises to limit sensational language in your legal writing. Judges hate it. People buy based on emotion and then justify their decision with logic, so use emotion, but use it effectively. If you ‘over-emote’ you’ll lose credibility.

Don’t over-state. If half of your brief is in italics, nothing is being emphasized effectively. Be accurate. Don’t use hyperbole. The judge won’t trust you.

Solomon offers that social proof works – testimonials are powerful when correctly used in your marketing. In brief writing, precedent is the ultimate social proof. Cite cases similar to yours. But don’t over-cite, either. Lebovits cautions that too many block quotes are a poor substitute for analysis. String cites aren’t helpful – they don’t add to your argument. Cite a recent or seminal case instead and then provide good analysis.

Finally, Solomon says that your conclusion is your “call to action,” both in marketing and in your legal writing. Let the judge know what relief you’re seeking. Let your audience know what you want them to do next.