Abstract

Legal writing is costly: it requires the expenditure of scarce resources, namely time and money. Guidance for legal writers should therefore pay more attention to priorities. We should describe not only a perfect product, but also the aspects of that ideal that are less worthy of attorneys’ time and clients’ money. With that goal in mind, this essay analyzes the relative value of five aspects of ideal writing (focusing on briefs): psychological persuasion, technical argumentation, vim, flair, and clarity. The analysis is guided by the observation that judges are expertly skeptical readers.

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