Stand Out from the Crowd: Making Your Voice Heard in an Era of 'Notice and Spam'

Abstract

Administrative comments are persuasive documents. The writer’s goal is to convince the administrative agency that the proposed rule is adequate as drafted or needs revisions or modifications. In order to make her voice heard, the writer needs to make the reader think she is right, trust she is right, and feel she is right. Borrowing from the literature on persuasive legal writing, the article describes the elements of logos, ethos, and pathos and identifies the use of these persuasive elements in recent administrative comments. By implementing persuasive writing techniques, the commenter not only advocates for her client or cause, but assists the agency in evaluating the strengths and weaknesses in a proposed rule.

Keywords: legal writing, administrative comments

JEL Classification: K10