By Dr. Ken Broda Bahm: P: Hey, have you seen the amicus brief that was written entirely as a cartoon? S: A cartoon? You mean someone submitted a joke as an amicus brief? P: No, not a joke. The lawyer, Bob Kohn, lays out his argument in a series of frames with characters and dialogue, […]
Persuade Through Dialogue Read More »
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,
Ethos, Pathos, and Logos: Use All Three in Your Legal Writing and Oral Argument Read More »
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
Climb Down the “Ladder of Abstraction” in Patent Cases (And All Cases) Read More »
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
Don’t Be Spooked by a Legal Ghostwriter Read More »