> For the complete documentation index, see [llms.txt](https://jennyrice.gitbook.io/wrd-418-legal-writing/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://jennyrice.gitbook.io/wrd-418-legal-writing/chapter-7-legal-briefs-and-persuasive-legal-writing/persuasive-writing-+-legal-briefs.md).

# Persuasive Writing + Legal Briefs

**What are types of persuasive legal documents?** Types of persuasive documents include, but are not limited to:

* Demand letters
* Settlement letters
* Complaint
* Answer
* Motions
* Trial Briefs
* Appellate Briefs

**What is the difference between predictive and persuasive writing?**

Your writing shifts from advisory to advocacy. Persuasive writing argues for a particular outcome that will benefit the client. When you write documents that should persuade, you have a position to promote, and your writing should reflect that.

**What is the same with both predictive and persuasive writing?**

You still have to tell the truth and you cannot omit legally or factually significant details because they are not beneficial for your client. You still will use your tools of rule and case synthesis and you will still organize your analysis using CREAC. None of the basic analytical skills change; it is the presentation of what your analysis reveals that you alter.

## <mark style="color:blue;">1. Tools to Persuade</mark>

**Theory of the case:**&#x20;

Developing and using a cohesive theory throughout your brief helps your reader understand the law and facts in the light in which you want the reader to see them. A successful theory captures what is essential for your side to win and then weaves those essential points into the entirety of the brief. Identify your strongest points first. Also identify the easiest-to-understand argument for why your side wins. By effectively developing and using a theory of your case, you will ensure that you have a coherent brief that has no holes or gaps and that explains everything the reader needs to know to find for your side.

**Structure and Organization:**&#x20;

First, follow the format that you are told to use by the local rules (or professor’s instructions). Use your CREAC structure for the argument and citation of authority. Lead with your strongest argument. Focusing on maximizing your side’s strengths and minimizing your side’s weaknesses. Do not make every possible argument that shows your side should prevail; instead, develop the arguments that are most probable to lead to success.

**Tone and Style:**&#x20;

Write positively and affirmatively. Argue why your side wins, not why the other side loses. Do not use rhetorical questions. Avoid overly dramatic statements because they will reduce your credibility and fail to progress your argument. Stay focused on the case and why your side should prevail. Do not attack the parties, opposing counsel, judges, or any other person.

**Primacy and Recency:**&#x20;

What readers encounter first will shape how they perceive the remaining information conveyed; use that to your advantage. Show your strongest points or facts first. What readers encounter last will cement how they perceive the previous information received; use that to your advantage as well. End on a strong note with a conclusion that clearly explains why your side should prevail/

**Sandwiching Bad Facts:**&#x20;

There will always be facts that are not ideal for your side. You still have to disclose them. However, you can choose where you share those facts. The best place is to put a bad fact between good facts! For instance, if I want my mom to let me go to the mall, then I would say, “Mom, Cheryl says her mom can drive us to the mall! My room is not picked up like you asked. However, I have cleaned the bathroom and vacuumed the hallway!”

**Active versus passive voice:**&#x20;

Yes, you should always use the active voice when you can. However, using passive voice can be effective when you want to place distance between the actor and the action. For instance, “I ran over your phone with my car” hits a lot differently than “Your phone was run over by my car.”

***

## <mark style="color:blue;">2. What is a legal brief?</mark>&#x20;

A legal brief is a formal written document prepared by a legal professional and submitted to a court as part of a lawsuit or appeal. Its purpose is to persuade the court to adopt the writer’s position on a particular legal issue. A brief presents the party’s arguments in a structured way, combining facts, law, and analysis. Typically, a brief includes:

* **A statement of the case and relevant facts,** which frames the dispute for the court.
* **The issues presented,** usually phrased as legal questions the court must resolve.
* **An argument section,** where the attorney applies statutes, precedents, and legal reasoning to support their client’s position.
* **A conclusion,** which summarizes the requested outcome.

Although the word “brief” suggests conciseness, many briefs can be lengthy and detailed, depending on the complexity of the case. The strength of a brief lies not just in the accuracy of its legal citations but also in the clarity, organization, and persuasiveness of the writing. In this way, a legal brief functions as both a research product and a rhetorical tool, guiding the court toward a particular interpretation of the law.

{% file src="/files/1cK8RD5PC9UzhQZgIKOq" %}