Persuasive legal narrative: articulating ethical standards

Abstract

ABSTRACT When used in legal forums, the persuasive abilities of narrative raise ethical questions. Depending on the jurisdiction, some ethical rules apply to persuasive legal narrative, but these rules establish a minimum standard that does not address how to analyse more nuanced forms of fabrication, such as what kind of inferences can be drawn from evidence to support a narrative. The need to allow lawyers discretion to fashion persuasive cases does not mean that the use of deception by lawyers or law students should be accepted with a shrug. The current lack of guidance to lawyers and students, which contributes to cynicism regarding fact presentation, should be addressed with guidance about how to use persuasive legal narrative in an effective, ethical manner.