In Advanced Legal Writing class, students discuss different persuasive techniques that lawyers and judges use in their writing. We debate the pros and cons of using literary references, illustrative narratives, pop culture references, historical examples, and unusual formats and organizations.
I never once, however, discussed (or even considered) the possibility that a litigant would submit a brief in the form of a rap. The pro se litigant submitted the “rap brief” and won.
As professional writers, should we lawyers be concerned? I can’t imagine this form of writing starting a trend, but does its use suggest something about a changing level of formality in court documents?
I’m not sure. I think it may be a fluke, but I’m troubled.