Legal Writing: Persuasion Through Clarity, Part II (Presented by The Federal Bar Association Judiciary Division, Federal Judicial Law Clerk Committee)

This introductory session establishes clarity as the common denominator in effective legal communication. Judge Bacharach introduces two complementary techniques for enhancing clarity: relaxing diction through plain language and conveying information in manageable chunks.

This session examines landmark studies by Benson and Kessler on legalese and Oppenheimer’s research on word complexity. Participants will learn that plain English versions of briefs were rated more persuasive, and that simpler vocabulary actually enhances readers’ perceptions of the author’s intelligence.

Explore how the brain processes information in chunks rather than sentences, and how punctuation signals where chunks begin and end. Using examples from Martin Luther King Jr.’s Letter from Birmingham Jail and appellate briefs, this session demonstrates how clear chunking makes even long sentences easy to read and persuasive.

This interactive session addresses practical questions including the use of AI tools for simplifying legal text, visual aids in opinions, introductory roadmaps, and effective use of emphasis techniques. Participants gain actionable insights on footnotes, parentheticals, timelines, and parallelism in legal writing.