A practical handbook on persuasive legal writing. Not about writing correctly - about writing in a way that wins cases.
A statement of claim. A response to the claim. A reply. An appeal. An interlocutory appeal. A pleading in the order-for-payment procedure. Every lawyer knows the names. But how many of these pleadings truly persuade? How many lead the judge by the hand to the conclusion we want them to reach? And how many - beginning with "I hereby move for the claim to be upheld" - simply fill out a form?
This book is about that second question. About the fact that a pleading is not an administrative document - it is a tool of persuasion. And that every pleading is worth looking at from this perspective: does this text move the judge a few steps in our direction, or does it merely take up space in the case file?
The best pleading is one that the judge reads once and then quotes in the justification of the judgment.
What you'll find in the book
The book is divided into three parts. The first - "Structure" - deals with the architecture of a pleading: from the heading, through the narrative of the case, to the conclusions. The second - "Language" - on word choice, syntax and legal precision. The third - "Strategy" - on what to say and what not to: when to leave the field to the other side, and when to close it.
Structure
How to begin a pleading so that the judge knows what we mean from the very first paragraph. Where to place the strongest arguments (answer: at the end, but after a short "lead"). How to build tension gradually. How the claimant's narrative differs from the defendant's.
Language
Why "in the matter at hand" is a phrase that can and should be cut. How to avoid polite gibberish. When to use the active voice ("The claimant concluded the contract"), when the passive ("The contract was concluded") - and why it matters.
Strategy
When to open up room for discussion, and when to close it. How to respond to a weak pleading from the other side (answer: you don't always have to show your hand). When to write at length, and when to be brief.
Who it's for
- For practicing lawyers - advocates, attorneys-at-law, trainees
- For board members who must assess the quality of pleadings prepared by law firms
- For law students who want to write better than the exam requires
Excerpt
"A pleading is not a research report. Nor is it a novel. It is a document whose purpose is to format reality in a way that makes it easier for the judge to issue a ruling favorable to us. If your pleading does not do this effectively - even if it is correct in substance, in language and in procedure - it is an unnecessary document."
ISBN: 978-83-8286-547-9 · 320 pages