In written and oral advocacy, there are perhaps as many different styles and voices as there are attorneys engaged in the practice of trial and appellate litigation. Although finding the style and voice that work best for you is of course an individualized decision, in my more than 25 years of work in the appellate arena I have seen enough different styles and voices to have some pretty strong ideas about what approaches work better than others.
Let’s begin at the beginning. Something that I have heard more experienced lawyers remark at the start of my legal career, and consistently throughout it, is that brand new attorneys rarely emerge fresh from law school with the ability to write as strong and persuasive advocates. Perhaps that is because in college, law school and even in their early careers as lawyers, much of the writing that these newer lawyers will perform consists of analyzing the results of research rather than trying to persuade.
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