6 “Ancient” Secrets for Truly Persuasive Writing in Legal English

A few weeks ago, I published a little something about rhetoric in legal English. In response, a young legal English teacher with a law background commented on having learned about the “ancient” art of rhetoric in high school, though they hadn’t given it much thought since.

The comment was as positive on the surface as it was subtly dismissive of the modern value of rhetoric. I chuckled at both the irony and the underlying sadness of what the comment reveals about modern legal education. A lawyer who is unaware of how we use rhetoric in contemporary law practice, simply because rhetoric has ancient roots, is like a doctor who is unaware of how we use anatomy in modern medical practice just because it dates back to ancient Greece.

We use rhetoric every day in everything from diction to word choice to syntax. Do you use metaphors? Guess what? That’s a rhetorical device. Do you use personification? Guess what? That’s a rhetorical device, too. Imagery to appeal to the senses? You guessed it: It’s rhetoric!

Rhetoric is everywhere, and skilled lawyers are masters of it, at least in their mother tongues.

But even the best struggle with certain rhetorical devices in English when English is not their first language. That’s especially true of rhetorical syntactical devices, which, in plain English, are ways of arranging words and phrases to create emphasis, clarity, or stylistic effect. Let’s look at three and learn how to implement them in English as a second language.

6 Rhetorical Techniques in Legal English

Parallelism:

Parallelism refers to a set of similarly structured words, phrases, or clauses. For parallelism:

❌ Instead of this: “The defendant, fully cognizant of his actions and with a conscious awareness of their consequences, demonstrated a willingness to proceed, all the while exhibiting a calculated and intentional approach in his decisions.”

✅ Do this: “The defendant acted knowingly, willingly, and deliberately.”

💡Maintaining parallel structure strengthens the sentence and makes it more rhythmic.

How do you use parallelism in English? Do this:

👉 Keep elements balanced: Ensure each part of the sentence has a similar structure (e.g., all verbs in the same form).

👉 Use consistent conjunctions: Stick to the same conjunction for parallel elements, like “and” or “or.”

👉 Read aloud: Listening to your sentence can help you catch any imbalances.

Juxtaposition:

Juxtaposition involves placing contrasting settings, characters, or other storytelling elements in opposition within paragraphs or sections of text to highlight an intended disparity. For juxtaposition:

❌ Instead of this: “The prosecutor, presenting a description of the defendant as someone who is emotionally distant and who does not have compassion, contrasted too much with the defense's description, which made him seem as a fragile and susceptible individual, who was deeply affected by his circumstances.”

✅ Do this: “The prosecutor depicted the defendant as a cold, calculating mastermind, while the defense portrayed him as a vulnerable, misguided youth.”

💡Sharp contrasts between the two ideas adds clarity and impact.

How do you use juxtaposition in English? Do this:

👉 Identify contrasting elements: Choose two opposing ideas or descriptions you want to emphasize.

👉 Place them close together: Arrange the contrasting elements in proximity, either in the same sentence or nearby sentences.

👉 Use clear, vivid language: Make each element distinct to ensure the contrast is sharp and easy to notice.

Antithesis:

Antithesis involves placing opposing or contrasting ideas or words within the same sentence or very close together to emphasize their disparity. For antithesis:

❌ Instead of this: “Justice, which is often swift in its execution, operates with an urgency that is aimed to resolve issues swiftly, whereas mercy requires patience and a careful, measured consideration and weighting of the circumstances of the case in order.”

✅ Do this: “Justice is swift, but mercy is patient.”

💡Using more nuanced language makes the contrast more impactful and thought-provoking.

How do you create antithesis in English? Do this:

👉 Choose clear opposites: Pick two ideas, qualities, or actions that directly contrast each other.

👉 Use parallel structure: Keep the structure of each phrase similar to make the contrast stronger and easier to understand.

👉 Add emphasis with conjunctions: Use words like “but,” “yet,” or “while” to highlight the contrast between ideas.

Asyndeton

Asyndeton is the omission of conjunctions between words, phrases, or clauses to create a sense of urgency or emphasis. For asyndeton:

❌ Instead of this: “The lawyer argued that the defendant was confused, and that Mr. Smith was misguided, and he overwhelmed by the circumstances.”

✅ Do this: “The lawyer argued the defendant was confused, misguided, overwhelmed.”

💡Removing conjunctions adds speed and urgency to the sentence, enhancing its impact.

How do you use asyndeton in English? Do this:

👉 Omit conjunctions: Remove “and,” “or,” or “but” for a quick-paced feel.

👉 Keep lists concise: Shorten phrases and keep only the essential items.

👉 Emphasize emotions or actions: This structure can make sentiments or actions feel more intense.

Polysyndeton

Polysyndeton involves using multiple conjunctions (like “and” or “or”) between words, phrases, or clauses to create a feeling of accumulation or intensity. For polysyndeton:

❌ Instead of this: “The prosecution argued the case with intense passion, very much skill, demonstrating insight, and conviction.”

✅ Do this: “The prosecution argued the case with passion and skill and insight and conviction.”

💡 Using multiple conjunctions adds weight to each element, making them feel more deliberate and impactful.

How do you use polysyndeton in English? Do this:

👉 Add conjunctions: Use “and” or “or” repeatedly for emphasis.

👉 Maintain rhythm: This device works well in longer sentences with a deliberate pace.

👉 Focus on build-up: Polysyndeton can create a sense of building tension or passion.

Anaphora

Anaphora is the repetition of a word or phrase at the beginning of successive clauses or sentences to create emphasis and rhythm. For anaphora:

❌ Instead of this: “The witness provided a detailed account of events. Mr. Smith showed no signs of hesitancy and he displayed remarkable composure.”

✅ Do this: “The witness provided a detailed account of events. The witness showed no hesitancy. The witness displayed composure.”

💡Repetition of the opening phrase adds emphasis and helps reinforce the key idea.

How do you use anaphora in English? Do this:

👉 Repeat key phrases: Use the same opening word or phrase for successive clauses.

👉 Keep it consistent: Anaphora is most effective when the repeated phrase is simple and direct.

👉 Use for emphasis: This technique draws attention to the repeated words, making them memorable.

3 Key Takeaways:

Rhetoric is Essential for Legal Persuasion: Understanding and using rhetorical devices allows you to craft more compelling and persuasive arguments. These tools help to clarify complex ideas and make them resonate with audiences, regardless of what their mother tongue is (or yours!).

Syntax Shapes Your Message: The way you arrange words and phrases (i.e. how you use syntax) can dramatically impact how your message is received. Small changes in structure can create clarity, emphasis, and stronger emotional appeal, all critical to effective legal writing.

Even the Best Struggle with Rhetoric in a Second Language: Using rhetorical devices effectively is challenging, especially when writing in a second language. However, with practice, attention to structure, and strategic use of devices, all English speakers can write persuasively and professionally in legal contexts, regardless of whether English is their mother tongue or not.