Logos, Ethos, and Pathos in Persuasive Writing

aristotleIn the second semester of their first year, students make the switch from objective to persuasive writing. It’s a switch that some students welcome because they like the idea of arguing a position rather than having to be objective. As students learn, though, there’s more to persuasive writing—or at least more to good persuasive writing—than just arguing a position.

At their core, objective and persuasive legal writing share many of the same traits, such as maintaining the small scale organizational paradigm we refer to as CREAC (a/k/a IRAC). Because lawyers use that paradigm to advance their arguments, students need to master it, which makes the structure of the argument look similar to objective writing. But students need to make other, subtler changes in their writing (and thinking) to persuade effectively. It’s often challenging to succinctly explain these more subtle differences, but one easy way is to introduce the “why” behind the differences, which in turn helps explain those differences. Good persuasive writing argues a position by using a combination of three ancient rhetorical techniques: logos, ethos, and pathos.

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Guide to Public Speaking for Girl Lawyers

Lauren-Bacall-150x150Yes, I wrote “girl” in that headline.  And for a very specific reason. Recently, it’s hit the web that global law firm Clifford Chance has provided its female lawyers in its U.S. offices with a guide to public speaking. And while some (nay, even most) of the tips are perfectly reasonable, there are others that smack of such sexism to the extent that one might believe that Clifford Chance thinks of its female lawyers as girls.  To wit, one of the points in the guide:  “Don’t giggle.” Another: “Pretend you’re in moot court, not the high school cafeteria” (on “‘Like’ You’ve got to Lose ‘Um’ and ‘Uh,’ ‘You Know,’ ‘OK,’ and ‘Like’).

Like, seriously?

On both points, they are equally applicable to male lawyers. (Yes, men do giggle, but the use of that word here suggests something very female, very childish, and very undesirable.) Yet, it was only Clifford Chance’s female lawyers who received this five-page memo. It’s curious to me why this is so. Does the firm believe that there are separate rules for men and women? Does it believe that women need the extra help? Or is it attempting to support its female lawyers? If it is attempting to support its female lawyers, I applaud its desire, but criticize its way of doing so.

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Marquette Law School to host LWI One-Day Legal Writing Workshop in December

Each December, the national Legal Writing Institute (LWI) sponsors one-day legal writing workshops around the country. We are pleased to announce that one of this year’s workshops will be held at Marquette University Law School on Friday, December 6, 2013.  The workshops are a great time for legal writing colleagues to come together and share teaching ideas.

The theme for Marquette’s workshop is Preparing Practice-Ready Students. Among the presentations scheduled are ones on what “practice-ready” means; on creating interactive materials for class; and on the ways that legal writing professors are connecting their students to practicing attorneys, both in and out of the classroom. We think we have a great program lined up. If you want to view the whole program or are interested in registering for the conference, see here.

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