On Appeals: The Costs of Incivility
Incivility in appellate briefs continues to rear its head. And it can have consequences other than killing the argument in your client's case.
December 03, 2021 at 02:00 PM
6 minute read
Civil AppealsIn a previous column for this publication, I discussed how incivility in legal writing—by attorneys or judges—often has the effect of undermining one's argument. This is so because uncivil writing is inconsistent with the three pillars of rhetoric identified by Aristotle: ethos (credibility of the speaker), logos (logical reasoning), and pathos (emotional appeal). That is, writing that is hostile or hyperbolic tarnishes the author's credibility, diminishes the argument's logical prowess, and chips away at the audience's sympathy for the claims presented.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250