Legal Writing: From Advice to Advocacy, A Contemporary Approach

Designed for first-year law students in a legal research and writing course, this comprehensive text is grounded in rhetorical theory but written in accessible prose and a casual tone. The book welcomes students to law school, explains the difference between legal writing and other first-year courses, and suggests how to read cases and prepare for class. It addresses sources of law, hierarchy of authority, the research and writing process, forms of reasoning, and predictive and persuasive writing, with a focus on legal memoranda and appellate briefs. To provide faculty more flexibility in writing assignments, it includes chapters on email, opinion letters, bench memos, demand letters, complaints, motions, and supporting memoranda. Chapters include explanatory text, samples, and explanations of samples, as well as additional suggested reading. Samples throughout the book draw on the same client problem, making it easier for students to understand the differences among writing genres.

Chapters on legal writing conventions, grammar and punctuation, figures of speech, and citation format (with references to the ALWD Guide to Legal Citation (6th ed.) and The Bluebook (21st ed.)), provide a one-stop shop for students and handy reference material for faculty. Unique chapters on giving oral advice and oral advocacy (including a chapter on public speaking and overcoming the fear of public speaking) complement the writing focus, helping students prepare for class exercises related to writing assignments, such as meeting with clients, reporting to supervisors, and oral argument. Several chapters include exercises with suggested answers in an appendix (e.g., questions on hierarchy of authority, research, legal reasoning, grammar and punctuation, and citation) and checklists for the research and writing process. As part of the Interactive Casebook Series, this book will be available in print or online, with interactive questions at the end of each online chapter for students to test their knowledge. The text is comprehensive enough to be used in an advanced legal writing course or writing seminar as well.

About the Author: The author has litigation experience in BigLaw, as well as twenty-six years of teaching experience in the J.D. and LL.M. programs at Georgetown Law. Professor Tiscione has taught first-year legal research and writing; upper level legal writing seminars, including Law and Rhetoric; and Public Speaking for Lawyers. Her scholarship includes books and articles on legal writing in practice, rhetorical theory, law and rhetoric, and legal education. She has also served on the boards of the Association of Legal Writing Directors and Legal Writing Institute (and as President 2018-20) and on the editorial board of the Journal of the Legal Writing Institute.

CasebookPlus Softbound - New, softbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary. See more