SYSTEMATIC APPROACH TO PERSUASIVE LEGAL WRITING P.80 study guide

ASSIGNMENT Electronic submission Headings may be used! FIRAC Legal analysis = Rule of law + application to facts

CLASS EXERCISE 5 Using techniques in persuasive writing, draft an unsentimental love letter to your love interest, persuading him/her to marry you. - Avoid sentimentality  remain professional! - No more than 2 paragraphs - Complete on your computer / phone - your work to me before Thursday 17:00 

plagiarism

Rubric... o Not too much weight on content, except where boundaries of professionalism crossed

CREATE FAVOURABLE CONTEXT

CLIENT’S POINT OF VIEW POW = POWERFUL PERSUASION TOOL  Your loved one’s point of view?  Your point of view?

EMPHASIZE FAVOURABLE FACTS; DE-EMPHASIZE UNFAVOURABLE ONES 1.AIRTIME  NOT repetition / redundancy 2.DETAIL  NOT tautology 3.POSITIONS OF EMPHASIS  NB info! 4.SENTENCE LENGTH  Long, clumsy 5.ACTIVE & PASSIVE VOICE  Highlight positive, hide negative 6.DEPENDENT & MAIN CLAUSES  Highlight positive, hide negative

WORD CHOICE...

Notes on exercise 5... Punctuation use: Ellipsis... NOT Exclamation point! NOT!!!!!!!!!!! Question mark? NOT??????? Spaces between words, full stop and new word, after comma Repetition & redundancy Clichés & “buzz” words (long time no see) Can’tWon’tI’vewe’reyou’re

WORK SENT VIA COMPUTER.... Warning, warning, warning Still padding! “I am writing this letter because....” “I write to you because....” Poems... Verbosity Keep tone constant

Notes on exercise 5... WHY THIS EXERCISE? Writing outside law  easy; practice techniques Comfort zone Failure to address negative issues / weak points Could decrease persuasive value!

SYSTEMATIC APPROACH TO PERSUASIVE LEGAL WRITING P.80 study guide

PLANNING PERSUASIVE LEGAL WRITING STEP 1:IDENTIFY OBJECTIVES & SUBORDINATE OBJECTIVES STEP 2:IDENTIFY STRATEGY & TACTICS STEP 3:REPOV – “RECIPIENT’S POINT OF VIEW” EXAMPLE: “DEAR JOHN” LETTER 20-year old Amy has been going out with Ben for a year and now wishes to end their relationship by sending him a letter. STEP 1: MAIN OBJECTIVE – To end their relationship SUB.OBJECTIVE – To remain friends with Ben after ending relationship STEP 2: STRATEGY – To verbalise her need for “space” over 2 week period, then hand him the letter personally TACTICS – In the letter, clarify that relationship has ended, but place all blame on herself to spare Ben’s self-esteem. Maintain neutral & respectful tone. Avoid the creation of false hope of possible resumption of relationship. STEP 3: REPOV – Read letter from Ben’s point of view.

If no subordinate intention: letter cold & business-like (p. 81) Rest of p  leave Today: Letter of demand Thursday: Heads of argument

TYPES OF PERSUASIVE WRITING: LETTER OF DEMAND & ARGUMENTS

What is a letter of demand? Document sent to possible defendant on basis of your client’s instructions to you Sets out basis of client’s claim Informs defendant that your client will sue unless the defendant does what the letter demands

Before summons issued to prospective defendant: Issue LETTER OF DEMAND o Defendant may pay / perform / negotiate  Settle o Defendant may raise valid defence o Tactical advantage o Placing defendant in mora (contracts without performance date) o Where combined with an election o Where unliquidated damages are to be claimed o Required by statute (Mandatory – Small Claims Court; governmental organ)

Inform defendant:  What is being claimed  Basis for claim  Result of failure to meet claim in time Claim stated accurately – Dire consequences if not Basis defined clearly & accurately Be clear on what plaintiff intends doing if demands not met

Establish MANDATE  Acting on behalf... Name of plaintiff Particulars of claim & basis of claim (It is my instructions that...) Jurisdiction State facts briefly & concisely Draw conclusion in law from facts What defendant is required to do & time for performance Make demand Consequences if demand is not met Nice to know information

A LETTER OF DEMAND MUST BE… PERSUASIVE

“…will be vigorously pursued…” “…would be vigorously defended…” Unnecessary! It is legal practitioner’s duty to pursue all actions vigorously Spend time on pointing out why the claim / defence is good

ID OBJECTIVES STRATEGY & TACTICS  Elements of delict committed  Formal tone throughout letter  Provide sufficient information - But not too much REPOV

Letter of demand – SMALL CLAIMS COURT  Small Claims Court Act 61/1984  Section 29

GENERAL LETTER OF DEMAND

Indicating your mandate Client’s name Basis of claim – concise! Demand Consequences of inaction

Class exercise 6… CHANCE FAVOURS ONLY THE PREPARED MIND Louis Pasteur