Family Law

Tips to Help You Write Persuasively

By Ben Stevens

Earlier this week, I discussed temporary hearings and explained how issues are presented as being "black" or "white".  Every document prepared for the temporary hearing (including the pleadings drafted by the attorney and the Affidavits drafted by the client and witnesses with the attorney's guidance) should be written with the goal of persuading the Judge to decide in your favor.

Allison Shields recently listed several tips for persuasive writing on her blog, and I believe that they are particularly relevant in the context of preparing documents for temporary hearings.  Consider the following:

• Keep the client's (or judge's) point of view in mind and tell a compelling story - stories allow people to persuade themselves.
• To make an impression, name your 'characters' - don't keep using 'plaintiff' and 'defendant.'
• Anticipiate and address common or known objections (or problems) head-on.
• Remember that organization and sentence structure are important in persuasive writing.
• Write in plain English, use positive rather than negative language, and write in the active voice.
• Don't over-state. Be accurate. Don't use hyperbole.
• Social proof works - testimonials are powerful when used correctly.
• Your conclusion is your "call to action." Let the judge know what relief you're seeking.

These tips were collected from a session by Lisa Solomon and the Hon. Gerald Lebovits at this year's ABA National Solo and Small Firm Conference. You can (and should) read much more about this subject at Allison's Legal Ease Blog by clicking here.

Source:  "ABA National Solo and Small Firm Conference 2009 Recap - Persuasive Writing" by Allison Shields, published at her Legal Ease Blog.

Full post as published by SC Family Law Blog on November 18, 2009 (boomark / email).