42 Pages Posted: 5 May 2011
Date Written: December 30, 2009
This article explores the cognitive effects of narrative and concludes that it is a highly effective persuasive tool because stories appeal to our logic and reason, not just to our beliefs and values. The article identifies the elements of an effective story and explores how lawyers can use narrative in appellate briefs and motion memoranda to tell stories not just about the facts of their clients’ cases, but also about the law. Building on these bases, the article establishes that, in order to craft an effective story in a brief or motion memorandum, a lawyer must tell that story in the argument section of the document as well as in the facts section. Finally, the article illustrates its recommendations by examining the stories told by Abe Fortas in the petitioner’s brief in the landmark case Gideon v. Wainright.
Keywords: cognition, cognitive effect, cognitive impact, narrative, narrative reasoning, stock stories, stories, storytelling
Suggested Citation: Suggested Citation
Sheppard, Jennifer, Once Upon a Time, Happily Ever After, and in a Galaxy Far, Far Away: Using Narrative to Fill the Cognitive Gap Left by Overreliance on Pure Logic in Appellate Briefs and Motion Memoranda (December 30, 2009). Willamette Law Review, Vol. 46, 2009-2010. Available at SSRN: https://ssrn.com/abstract=1830543 or http://dx.doi.org/10.2139/ssrn.1830543