Persuasive Legal Writing: Making the Most of Citations, Editing, and the Table of Authorities

Effective legal writing involves connecting compelling arguments with cited support from relevant legal authorities. A clear understanding of these authorities’ hierarchy amplifies the persuasive strength of your assertions. Mastering tools like the Table of Authorities (TOA) in Microsoft Word can improve your productivity. Combining legal writing skills with technological assistance elevates the quality of your work, ensures adherence to court timelines, and helps you concentrate on your argumentation.

The TOA does more than list the citations in a legal brief: it improves your arguments’ credibility. It helps legal writers check they’re using a well-rounded mix of sources without over-dependence on certain types—particularly non-binding secondary sources. Remember, citations are not mere formalities; they are fundamental elements that infuse credibility into your legal writing, bolstering its persuasive power. Thus, effective legal writing combines articulate argumentation, authoritative citation, and proficient use of tools like the TOA.

Crafting a Compelling Legal Brief: Authority Selection and Application

Legal writing requires precision: not just well-crafted sentences but also accurate and credible citation of authorities. Creating a persuasive legal argument is a complex process that involves a deep understanding of legal authorities, strategic source selection, and effective citation. These elements collaboratively sculpt a compelling argument.

Understanding Legal Authorities and Their Weights

In our legal system, courts refer to previous decisions or precedents for guidance. Precedents provide consistency and confidence in the law. There are two types: binding and persuasive. Binding precedents fall under the doctrine of stare decisis, requiring courts to follow their own decisions and those of higher courts in the same jurisdiction. Persuasive precedents require courts to consider previous decisions for guidance. Understanding these ideas helps in effective citation.

Legal authorities fall into three categories: binding primary, persuasive primary, and secondary. Each carries a different weight, directly influencing their impact on legal arguments and the citation order in a legal document.

• Binding Primary Sources: Constitutions, statutes, regulations, and court rulings carry the most weight. These primary authorities provide binding precedents—decisions or interpretations created by higher courts within the same jurisdiction.
• Persuasive Primary Sources: Persuasive authorities are primary sources from other jurisdictions or lower courts. These sources are not binding but can strengthen an argument by offering more perspectives.
• Secondary Sources: While carrying the least weight, these sources offer valuable analysis of primary sources, adding depth to legal arguments. Secondary authorities include sources like legal treatises and law review articles. They often bring clarity and insight that enrich legal narratives.

In the larger picture, understanding the weight of different authorities helps legal writers structure their arguments strategically to provide solid support for their claims and highlight the relative strength of different sources. The weight of authority is influenced by factors like factual relevance, recentness, and judicial trends, and determines the citation order in a citation sentence.