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(formerly the Persuasive Litigator blog)

Writing Persuasively

Ethos, Pathos, and Logos: Use All Three in Your Legal Writing and Oral Argument

Adapting to Judges, Writing Persuasively / /

By Dr. Ken Broda Bahm: Matthew Salzwedel in Lawyerist recently wrote about ethos, pathos, and logos in legal writing. In case you’re trying to remember that early college course in philosophy or public speaking, let me remind you of Aristotle’s famous trilogy: Ethos relates to your credibility, pathos lies in your ability to appeal to emotions, […]

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Climb Down the “Ladder of Abstraction” in Patent Cases (And All Cases)

Adapting to Jurors, Patent Litigation, Writing Persuasively / /

By Dr. Ken Broda Bahm: For many years, the word among intellectual property defendants has been “Don’t Mess With (the Eastern District of) Texas.” And statistics have borne that out. According to a recent analysis in the Patent, Trademark & Copyright Journal (Pistorino & Crane, 2012), cases in the district have come down in favor

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Don’t Be Spooked by a Legal Ghostwriter

Professional Malpractice Litigation, Writing Persuasively / /

By Dr. Ken Broda Bahm: So you are facing a pro se adversary, and you expect that due to the lack of legal representation, this party is apt to produce briefing that is legally unsophisticated, and perhaps even entertaining, right?  Maybe not.  Just as pro se litigation has been on the rise, so too has its evil partner, legal

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