Rooted in neuroscience and the realities of how busy judges read, this book leads advocates from the blank page to the polished factum, with concrete strategies for how to develop, organize, and communicate their strongest arguments.
Publication Language: English
Published: December 31, 2026
Publisher: LexisNexis Canada
Why Are You Telling Me This? Written Advocacy from the Judge's Perspective is a practical, conversational guide to effective written advocacy from John I. Laskin and Caroline J. Mandell, two of Canada’s best-known experts on the subject.
Rooted in neuroscience and the realities of how busy judges read, the book leads advocates from the blank page to the polished factum, with concrete strategies for how to develop, organize, and communicate their strongest arguments. Using examples from every element of a factum, the authors illustrate not only what works, but why, from the perspective of the only reader who matters: the judge.
Introduction: Why Are We Telling You This?
Part One: The Principles of Effective Written Advocacy
Chapter 1 – Thinking Yourself into the Judge’s Chair
Chapter 2 – The Golden Rule, Three Key Principles, and the Illusion of Communication
Chapter 3 – The Curse of Knowledge and the Power of Context
Part Two: The Architecture of Your Factum
Chapter 4 – Uncovering Your Deep Issues: Thinking Like a Lawyer 2.0
Chapter 5 – Orienting the Judge in the Overview
Chapter 6 – Selecting and Structuring the Facts
Chapter 7 – Persuading Through Simplicity and Empathy in the Argument
Part Three: The Interior Design of Your Factum
Chapter 8 – Logic and Flow in Paragraphs
Chapter 9 – Strategic Sentences
Chapter 10 – Clarity and Conciseness in Words
Part Four: Getting it Done
Chapter 11 – A Step-by-Step Process and a Guide to AI in Written Advocacy
Chapter 12 – From Written to Oral Argument
Conclusion: We End Where We Began
Index