Material 1-Persuasive legal writing

Material 1-Persuasive legal writing - File Galley Rappaport...

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File: Galley Rappaport 6-18-10B.docx Created on: 6/18/2010 5:36:00 PM Last Printed: 6/18/2010 5:36:00 PM USING THE ELEMENTS OF RHYTHM, FLOW, AND TONE TO CREATE A MORE EFFECTIVE AND PERSUASIVE ACOUSTIC EXPERIENCE IN LEGAL WRITING Bret Rappaport* Yea, in my opinion no rhetoric more persuadeth or hath greater power over the mind; nay hath music her figures, the same with rhetoric?‖ 1 Rhythm: An alternating recurrence of similar elements. Flow: The seamless transition as the story moves along. Tone: The author‘s attitude toward the subject as ex- pressed by word choice which, in turn, designates the mood and effect of a work. I. INTRODUCTION Lawyers ―tend to be wretched writers, which is odd given that the written word is their stock in trade. Perhaps the problem comes from reading principally the work of other lawyers, 2 writes * © 2010, Bret Rappaport. All rights reserved. Bret Rappaport, a partner with Hardt Stern & Kayne, is also an adjunct legal writing professor at DePaul University College of Law; an adjunct Professor of English at Dominican University; and a graduate student in DePaul University College of Arts and Sciences pursuing a master‘s degree in Writing, Rhetoric, and Discourse. Professor Rappaport wishes to thank his long-time friend Dr. Robert Karaba of the University of California State University, Chico, for his critical comments on near final drafts, and his friend Bethany Schols for her final edits. Bret also would like to thank Drs. Steven Brown, Joseph Carroll, Ellen Dissanayake, and especially Peter Elbow for their comments and suggestions on various incarnations of this article. Finally, Bret expresses his heartfelt appreciation and deep admiration and love for his son Jeremy, whose interest in evolution as he pursues a career as a wildlife biologist and his passion for music were the inspirations for this paper. 1. Gerard G. LeCoat, Music and the Three Appeals of Classical Rhetoric , 62 Quarterly J. Speech 157, 157 (Apr. 1976) (quoting Henry Peacham, who was an English author best known for his The Compleat Gentleman (1622), important in the tradition of courtesy books, which dealt with the education, ideals, and conduct befitting a gentleman or lady). 2. Bryan J. Paul, Toward a More Impure Writing Style: The Opinions of Judge Posner and Chief Judge Easterbrook and What the Bar Can Learn from Them , Cir. Rider (J. of 7th
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File: Galley Rappaport 6-18-10B.docx Created on: 6/18/2010 5:36:00 PM Last Printed: 6/18/2010 5:36:00 PM 66 The Journal of the Legal Writing Institute [Vol. 16 Chief Judge Frank H. Easterbrook. His colleague, Judge Richard A. Posner, comments that ―[l]egal writing by federal judges and the lawyers who appear before them is today generally servicea- ble, in the sense of being pretty clearly written, pretty careful, businesslike, grammatical.‖ 3 By ―serviceable,‖ Judge Posner means that the writing is logi- cal, cogent, and follows some form of the basic IRAC model.
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