Neven and Brendan Present to Hennepin and Ramsey County Bar Associations on AI and Legal Writing
On March 26, we presented a CLE on legal writing and AI for the Minnesota State, Hennepin County, and Ramsey County Bar Associations. We provided an overview on how to harness the power of artificial intelligence to enhance your writing process, refine your persuasion skills, and improve your legal documents.
The recording or course materials can be accessed here.
Monthly Think Piece: Organizing Arguments: Outlining and Structuring for Persuasion
Persuasive legal writing is not just about what you argue, but how you present your argument. A well-organized and logically structured argument is essential for convincing your reader—whether a judge, opposing counsel, a partner at your firm, or a client. Below, we explore practical strategies for outlining and structuring legal arguments to maximize their persuasive impact.
I. Why Structure Matters
A compelling legal argument is built on clarity and logical progression. It is an attorney’s most useful tool. Disorganized writing confuses readers and weakens even the strongest points. Proper organization ensures your message is understood and your best arguments are front and center.
II. The Building Blocks of a Persuasive Argument
- Start with a Clear Outline.
Before writing, map out your argument. Identify your main points, supporting authorities, and the order in which they should appear. An outline serves as a roadmap, helping you maintain focus and logical flow throughout your document. I view it almost like doing a jigsaw puzzle. If you have all the edge and corner pieces put together, you can spend the rest of your time just filling in the middle.
- Craft a Strong Introduction.
Open with a concise introduction that frames the issues and clearly states your position. The introduction sets the tone and gives the reader a preview of what to expect, establishing context and urgency. It is also vital for the conclusion because they should be functions of each other. Skip the “For all these reasons. . .” and do something more compelling. This is how your argument starts and ends, it is the first and last thing read. Make it strong!
- Present the Facts Effectively.
Lay out the relevant facts in a logical, chronological order. Avoid unnecessary details but provide enough context for the reader to understand why the law supports your position. A clear statement of facts is the foundation for your legal analysis. Also, if chronological order does not make sense, that’s okay. Just find a logical structure that can make sense to a first-time reader.
- Legal Analysis: Rule, Application, and Counterarguments.
State the Governing Rule: Clearly articulate the legal principles, statutes, or precedents that govern the issue. Start with the most authoritative sources and move to more specific or secondary authorities.
Apply the Law to the Facts: Show how the legal rules apply to your case. This is where you connect law and fact, demonstrating why your client should prevail.
Address Counterarguments: Anticipate opposing arguments and address them directly. Acknowledge weaknesses but explain why your position remains stronger. Distinctions are powerful tools, especially for judges.
- Logical Flow and Transitions.
Each element of your argument should connect logically to the next. Avoid gaps in reasoning by ensuring every step follows naturally from the previous one. Use clear topic sentences to introduce each section and smooth transitions to guide the reader through your analysis. We can’t stress the importance of clear topic sentences. Readers get tired after pages and pages, use these to keep your reader positioned and organized so that they know what they are reading. It’s a map and it should be clear.
- Prioritize Your Strongest Points.
Lead with your strongest arguments, especially in persuasive briefs. If issues are independent, highlight your best points first to make a strong initial impression. Reserve weaker or more technical arguments for later sections, but end with a punch.
III. Practical Tips for Organizing Complex Arguments
- Break Down Complex Issues: For multifaceted legal problems, divide your analysis into discrete sections, each with its own heading and clear focus. We really strive to have several headings, if necessary, but remain consistent! The Redbook, which we talked about in the past, has great guiding principles on this.
- Use Illustrative Narratives: When explaining abstract legal principles, provide real-world examples or analogies to clarify your reasoning and make your argument more relatable. However, make sure they are relatable. Not everyone relates to sports metaphors.
- Keep Paragraphs and Sentences Focused: Each paragraph should advance a single idea, introduced by a topic sentence and concluded with a mini-conclusion or summary.
- Emphasize Key Points: Use emphatic sentence endings and strategic repetition to highlight the most important aspects of your argument.
IV. Common Organizational Frameworks
- IRAC (Issue, Rule, Application, Conclusion): A classic structure for legal analysis, especially in memos and exam answers.
- CRAC (Conclusion, Rule, Application, Conclusion): Begins with your conclusion, which can be especially effective in persuasive writing.
- CREAC (Conclusion, Rule, Explanation, Application, Conclusion): Adds an explanation step for clarity and depth.
- Our personal favorite is CREAC because it provides the most punch to your topic sentence. It helps your reader know exactly what is going to be discussed before getting into the application and conclusion.
V. Conclusion
Effective legal writing is as much about structure as substance. By outlining your arguments, presenting them in a logical order, and emphasizing clarity at every level-from document to paragraph to sentence-you enhance your credibility and persuasiveness. Whether you’re drafting a brief, memo, or motion, a well-organized argument is your most powerful tool for advocacy.
Monthly AI Image Prompts
Here are some image prompts to play with. Put them in your favorite AI-image generator and modify to your heart’s content. Share your interesting images in the comments.
- “‘Lord of the rings’” movie reimagined as a Campy Low-Budget 1970s Sci Fi TV Show telling story of brave legal-writing attorneys completing a legal brief against all odds, Vintage Photography, Retro Vintage Style”
- “Create an image of “Fight Club (1999)” style “Tyler Durden” as four legal-writing attorneys writing and editing legal brief, with each “Tyler Durden” depicting, embodying, and displaying, a different one of the “four” stages of “Flowers Paradigm” as applied to legal writing by Bryan A. Garner, in a tense, action-packed scene, oil on canvas, impressionistic”
- “Screen grab of 1950’s Super Panavision 70 movie. Retro in color. Sci fi movie set, liminal. Movie is about lawyers on legal-writing team collaboration on a brief for trial”
Monthly AI Litigation Prompt
Prompt: Please generate a table that shows—with citations to the pleadings—each allegation that Plaintiff made in the provided complaint, and how Defendant responded to each allegation in the provided answer
March’s Cool (and Not Necessarily New) Tech Tool and Recommend
Napkin AI: Napkin AI is an AI-powered tool designed to instantly convert text into a wide range of professional visuals, such as charts, diagrams, flowcharts, mind maps, and infographics. Its primary aim is to make visual communication accessible to everyone, regardless of design skills, by streamlining the process of turning ideas and information into clear, compelling graphics.
Podcast/Media of the Month
#555: How to Use AI and Universal Design to Empower Diverse Thinkers with Susan Tanner
The conversation explores how the future of legal work depends not just on adopting smarter tools, but on embracing more inclusive ones—specifically, how AI and universal design can make legal education and law firm operations more accessible and supportive for neurodiverse thinkers, improve client communication, and reduce anxiety for both students and professionals. Susan Tanner and Zack Glaser emphasize that by prioritizing inclusive design in legal technology and adapting to the evolving landscape of AI, law firms and educators can better serve diverse teams and clients, building a more accessible and future-ready legal practice
Law Journal Article
“Generative AI Systems in Legal Practice Offering Quality Legal Services while Upholding Legal Ethics”
Generative AI tools like ChatGPT help lawyers work more efficiently by drafting documents and handling communications. However, lawyers must ensure they protect client confidentiality and verify AI-generated content for accuracy. While AI can improve legal services, its use requires careful oversight to maintain ethical and professional standards.
