The Science Behind the Art of Legal Writing

What evidence exists to support the advice that legal writing professors offer their students? For example, do legal readers really prefer short sentences and the active voice? Is outlining the best way to start a memo or brief? Can a certain font type make a brief more persuasive? Is deductive reasoning the most effective form of legal reasoning? Will a legal writer view the use of the word “clearly” with skepticism? Are judges annoyed by minor grammatical errors or typos? These questions and many more are addressed in The Science Behind the Art of Legal Writing.
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ISBN: 9781531007751
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What evidence exists to support the advice that legal writing professors offer their students? For example, do legal readers really prefer short sentences and the active voice? Is outlining the best way to start a memo or brief? Can a certain font type make a brief more persuasive? Is deductive reasoning the most effective form of legal reasoning? Will a legal writer view the use of the word “clearly” with skepticism? Are judges annoyed by minor grammatical errors or typos? These questions and many more are addressed in The Science Behind the Art of Legal Writing.

This text provides easy access to research in the form of social psychological experiments, statistical analyses, and surveys (some done by others and some done by the authors), which suggest that much of the advice given to legal writing students is backed by solid science. As a supplemental text for a first-year legal writing course, or as a primary text for an advanced legal writing course, The Science Behind the Art of Legal Writing provides the evidence—besides saying “because I told you so”—for requiring students to follow many common legal writing conventions.

As the first comprehensive compilation of research addressing legal writing, The Science Behind the Art of Legal Writing provides a much-needed resource to legal writing professionals. The second edition updates the research in the first addition and adds chapters addressing the science of passive voice and the effect of legal training on how students read legal text.

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