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6 J. Ass'n Legal Writing Directors [i] (2009)

handle is hein.journals/jalwd6 and id is 1 raw text is: Preface The Fall 2009 issue of the Journal of the Association of Legal Writing Directors (J. ALWD) continues the steady expansion of the Journal's perspective. Our focus in this issue is best practices in persuasion, but we include as well general articles emerging from the discipline of legal writing. By encouraging distinctive voices from authors employing different lenses, the Journal hopes to enrich, enliven, and encourage the study and practice of legal rhetoric and writing. The Journal's widening perspective is reflected in the research, theory, and subject matter underlying the articles in this issue. The articles range from empirical study of the issue statements in appellate briefs to quantitative analysis of law review articles; they turn to early literary theory and Abraham Lincoln's writing habits to advise today's legal writers; they explore the effects of narrative construction and characterization models on legal argument; and they suggest ways that contemporary rhetoric and developmental psychology may counter some of the negative effects of legal education on law students. Best Practices in Persuasion Lawyers practice persuasion. Although we typically think of persuasion as being essential to interactions with judges and courts, much legal communication rests on persuasion. We often use the techniques and tools of persuasion when we are communicating with clients, opposing parties, other lawyers, the media, government officials and agencies, corporate entities, community groups and organizations. In this issue, we have included articles that will be helpful to anyone interested in the study or practice of persuasive legal rhetoric. First, testing the advice of legal writing experts and the guidance provided by framing theory, Professor Judy Fischer examines the issue statements contained in a sample of persuasive briefs recently filed in six states. The resulting article, Got Issues? An Empirical Study about Framing Them, compares the issues actually framed by lawyers with the recommendations of experts and theorists. Professor Fischer analyzes various aspects of issue statements ranging from succinctness to sentence structure to the manner of addressing the parties and the inclusion of facts. Finally, she provides recommendations to lawyers interested in framing the most effective issue statements. Marking the 200th birthday of President Lincoln, Professor Julie Oseid recommends that lawyers emulate his writing style and work process in The Power of Brevt4y: Adopt Abraham Lincoln's Habits. The article explores Lincoln's use of brevity for persuasive purpose in three speeches that have become exemplars of oral rhetoric, the First and Second Inaugural and the Gettysburg Address. Professor Oseid also describes Lincoln's writing and editing approaches and urges lawyers to adopt the habits of writing early, visualizing audience, and ruthlessly editing.

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