Point Made: How to Write Like the Nation's Top Advocates [Paperback]
Author: Ross Guberman | Language: English | ISBN: 0199943850 | Format: PDF, EPUB
Point Made: How to Write Like the Nation's Top Advocates
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With Point Made, legal writing expert, Ross Guberman, throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want.
The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture."
Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply.
In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.
Books with free ebook downloads available Point Made: How to Write Like the Nation's Top Advocates The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture."
Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply.
In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.
- Paperback: 416 pages
- Publisher: Oxford University Press; 2 edition (April 4, 2014)
- Language: English
- ISBN-10: 0199943850
- ISBN-13: 978-0199943852
- Product Dimensions: 8.3 x 5.6 x 0.9 inches
- Shipping Weight: 1 pounds (View shipping rates and policies)
- Amazon Best Sellers Rank: #51,938 in Books (See Top 100 in Books)
- #32 in Books > Law > Legal Education > Legal Writing
All lawyers want to write winning briefs, so why do so few of us do it? I think Bryan Garner once said that the average judge considers only a small minority of briefs useful -- not good, just useful. I think a big reason -- maybe the biggest reason -- is that we don't have good examples. We base our work on prior work that other lawyers in the firm filed; they based it on other lawyers' work before that, and so on. Most of that previous work wasn't well written to begin with, and it gets worse with each iteration.By Daniel R. Baker
Ross Guberman is here to give you good examples. Tons of good examples, innumerable good examples, from the top legal writers in the profession. Examples from briefs by Ted Olson, Larry Tribe, Alan Dershowitz, Don Verrilli, Ken Starr, and many other famous lawyers fill the pages. Many of the attorneys here - John Roberts, Ruth Bader Ginsburg, Frank Easterbrook, and Barack Obama - later went on to bigger and better things.
Guberman then analyzes the examples and breaks down, step by step, how these masters of legal writing achieved the results they did, and how you can do the same. He shows how these lawyers select their theme, how they state the facts in the best possible way for their clients, how they eliminate surplusage from their statements of facts, and how their style contributes to victory. Each of these techniques is broken down into step-by-step instructions, with exercises to enable you to learn them yourself.
This book is a must-have for any attorney interested in their own professional development - which is to say, all attorneys.
This is
Clear, concise, and well written book. Any profession, whether a lawyer or not, should read this book to get an insight of how legal eagle's think and draft.By Hari S. Nair
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