Point Made: How to Write Like the Nation's Top Advocates [Paperback]

Ross Guberman (Author)

Book Description

Publication Date: March 23, 2011 | ISBN-10: 0195394879 | ISBN-13: 978-0195394870 | Edition: 1

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.

Editorial Reviews

Review

"The only way to teach students how to be effective legal writers is to immerse them in as much outstanding legal writing as possible. By concentrating so much great written advocacy so compactly--and by focusing readers' attention so precisely on the qualities that make the selected texts so compelling--this book supplies an indispensable tool to those engaged in the craft of making excellent lawyers."
--Dan Kahan, Elizabeth K. Dollard Professor of Law, Yale Law School

"Effective advocacy consists of a skillful blend of clear language and a sense of dramatic structure. Guberman's exemplars demonstrate again and again how to transform an otherwise ordinary case into a morality tale with a happy ending."
--Judge Thomas Penfield Jackson

"A must for the library of veteran litigators and aspiring moot court competitors. Ross Guberman teaches the art of persuasive legal writing with lively quotes from top-notch briefs, coupled with his own insights and recommendations."
--Stephen Shapiro, Senior Member, Supreme Court and Appellate Litigation group, Mayer Brown

"I love this book and recommend it for everyone. Ross Guberman's bag of tricks will spiff up your writing. He shares 50 techniques, and then-the fun part-he offers choice nuggets to show you how the hot shots pull it off."
--Ronald Marmer, Chair-Elect, ABA Section on Litigation; Partner, Jenner & Block

"Point Made is writing-nerd nirvana...It instantly won a place on my short list of favorite legal-writing books." --Jay O'Keeffe, DeNovo: A Virginia Appellate Law Blog

"Entertaining and informative...a smart approach to writing persuasive legal briefs. Rather than lecturing the reader about what to do, Point Made shows you how the headline lawyers do it." --Steven R. Merican,Illinois Appellate Lawyer Blog

"[Guberman] doesn't just tell you what to do: he shows you...I learned a lot from reading Ross's book; I think you will too." --Raymond Ward,the (new) legal writer

"I've seen no other book so clearly provide concrete and diverse examples of 'what this stuff' should look and sound like when it's done right... [my] revision radically improved...incredibly helpful." --Wendy McGuire Coats, the Ninth

"I am loathe to come across so effusive in my praise of the book, as to appear biased. But I can't help but highly recommend the book, it's that good. If you want to improve your legal writing, pick up a copy of Point Made ." --Keith Lee, An Associate's Mind

"Just by reading the book, lawyers and legal writers at all stages of their careers can cull from Guberman's advice valuable lessons that are easy to remember and simple to apply. For these reasons, Point Made would make an excellent addition to any law school, law firm, court, or academic library collection." -- Julie Graves Krishnaswami, Law Library Journal

"Both novel and helpful...Point Made provides much food for thought for the experienced advocate...Guberman provides sound advice supported by the practice of the best in the business." -- ABA

"Guberman has assembled example after example of creative, clever, clear, common-sense legal writing. He's compiled in one book the great writing that will cause a legal writer to
sigh, 'I wish I'd written that.' But he did not stop there. Guberman has written a useable handbook that will aid the writer in crafting similar envy worthy moments of argument...Guberman's techniques provide immediate ways to improve, tighten, and enliven the language and persuasive force of your prose."
--Wendy McGuire Coats, Appellate Issues Spring 2012, ABA

About the Author

Ross Guberman is president of Legal Writing Pro, an advanced legal-writing training and consulting firm. He has worked with thousands of attorneys at more than 100 of the world's largest and most prestigious law firms and for dozens of state and federal agencies and bar associations. Guberman is also a Professorial Lecturer in Law at The George Washington University Law School, and he holds degrees from Yale, the Sorbonne, and The University of Chicago Law School. Before founding Legal Writing Pro, Guberman worked as a musician, lawyer, translator, editor, and journalist. He has also commented on law, business, and lawyer development for major newspapers, radio stations, trade publications, and television networks, and he has addressed several major international conferences as well.

Product Details

• Paperback: 338 pages
• Publisher: Oxford University Press, USA; 1 edition (March 23, 2011)
• Language: English
• ISBN-10: 0195394879
• ISBN-13: 978-0195394870
• Product Dimensions: 5.6 x 0.8 x 8.2 inches
• Shipping Weight: 13.6 ounces (View shipping rates and policies)
• Average Customer Review: 4.4 out of 5 stars  See all reviews (65 customer reviews)
• Amazon Best Sellers Rank: #7,799 in Books (See Top 100 in Books)
  • #1 in Books > Law > Legal Education > Legal Writing
  • #4 in Books > Law > Law Practice

More About the Author

Ross Guberman is the founder and president of Legal Writing Pro, an advanced legal-writing training and consulting firm. He has conducted more than a thousand programs on three continents for many of the largest and most prestigious law firms and for dozens of state and federal agencies and bar associations.

Ross is also a Professorial Lecturer in Law at The George Washington University Law School.

He holds degrees from Yale, the Sorbonne, and The University of Chicago Law School.

An active member of the bar, Ross is also a former professional musician, translator, and award-winning journalist. After the federal takeover of Fannie Mae, Slate called his 2002 investigation of the company "brilliant and prescient."

He has commented on business, law, writing, and lawyer development for major newspapers, radio stations, and television networks, and he has also addressed several major international conferences.

The American Society for Training & Development has awarded Ross its Certified Professional in Learning and Performance™ credential for passing an eight-part test and submitting his standardized writing assessment.

A Minnesota native, Ross lives with his wife and two children outside Washington, DC. He can be reached at [e-mail].

Most Helpful Customer Reviews

65 of 70 people found the following review helpful

4.0 out of 5 stars Good with a caveat... February 7, 2011

By LegalWriter

Format:Paperback|Amazon Verified Purchase

As an experienced appellate advocate who has argued over a hundred cases, written several hundred briefs, edited several hundred more, and collected the literature in the field, I am always skeptical of new books on legal writing. Even the best books essentially just rehash the same advice: stay away from the passive voice, block quotations are bad, use footnotes sparingly, etc. Point Made does that too, but to his credit, the author gives these by-now hoary concepts colorful little names to make them easier to remember, for example, "Russian Doll," for nested subheadings. The real selling point, however, is the use of examples taken from briefs of the nation's top appellate litigators. And therein lies my caveat. While most of the examples are excellent, some are not, and the whole enterprise reaks of boot licking and log rolling. Several advocates who give the book glowing reviews noted on the back cover are those whom the author has selected for inclusion in the book as among the best appellate advocates in the country. (The late, beloved Spy magazine used to call this "log rolling on our time" and featured examples from the world of fiction. The Point Made examples are no less egregious.) And another troubling point for me is this: How many of these noted, brilliant, and esteemed folks actually wrote the examples? Come on now. Should we, as a profession, really continue to pretend that most, if not all, of these hot-shot lawyers or judges write their own stuff? A lot of former law reveiwers who work for noted, brilliant, and esteemed appellate lawyers and judge would quietly tell you otherwise.

But enough sermonizing by me. This is overall a good book on legal writing--not as good as books by Bryan Garner, Stephen Starks, and Judge Aldisert--but worth a look.

29 of 30 people found the following review helpful

5.0 out of 5 stars One of the best and not just for lawyers March 2, 2011

By Peter

Format:Paperback|Amazon Verified Purchase

I'm an engineer and have done a lot of writing to sell my proposals and ideas. Many of us with technical backgrounds have great ideas but have trouble selling them simply because our writing is often not very persuasive. And if you can't be persuasive your ideas aren't worth anything. I've taken various technical writing seminars but this book is hands down the best tool I've come across for improving my writing. This book offers lots of help, and showed me how to write about the facts using more compelling and varied sentences. It's very practical, easy to read and offers great ideas for getting your point across. Unlike many "how to write" books, this one is enjoyable to read and educational, with a lot of stories about well-known legal disputes. It will definitely make you a better writer and enable you to sell your ideas more effectively.

16 of 16 people found the following review helpful

5.0 out of 5 stars This goes on my shelf next to Strunk & White. February 17, 2011

By David Tollen

Format:Paperback

I'm both a lawyer and an author, so writing is my business, and I found this really useful. First of all, it's not just a set of abstract suggestions; it's packed with short, easy-to-digest examples from famous advocates. And I do mean "packed": you get examples, usually several, on pretty much every page. I think most people learn best by example, and these are good ones. Second, the book's organization is user-friendly. The subtitle should've been "Writing Like the Nation's Top Advocates--in 50 Nutshells," because that's what you get. The 50 lesson organization makes it easy to refer back to this or that point after you've read the book. In fact, I find the table of contents itself useful because you can just skim it over to remind yourself of the lessons. Third, believe it or not, this is fun to read. He makes good writing interesting (in part through good writing).

Finally, though the book's about written advocacy, I've found it useful for all types of writing, including e-mails I toss off to my clients.

Anyway, highly recommended...

6 of 6 people found the following review helpful

5.0 out of 5 stars A masterpiece of analysis and teaching April 4, 2011

By E. Gaye Mara

Format:Paperback

Ross Guberman deconstructs the writing of America's greatest litigation advocates and, brick by brick, shows us how they build a winning argument. Organized in five parts containing fifty numbered techniques, the book flows logically and lucidly from (1) crafting a theme and a powerful introduction ("The Theme"), through (2) explaining the facts and your client's story ("The Tale"), (3) detailing your legal argument ("The Meat"), (4) punching up your style ("The Words"), and (5) creating a strong conclusion ("The Close").

Each of Guberman's fifty techniques is bestowed a pithy, memorable title followed by a clarifying explanation - for example, Technique No. 12 in "Part Three: `The Meat'" is captioned "12. Russian Doll: Nest your headings and subheadings." This enables the appendix listing the techniques to stand alone as a quick refresher course. And each technique is illustrated by several excerpts from top advocates' pleadings to illustrate the range of possibilities for using it. Many techniques are also supported by quotes from judges' writings on what helps them understand your case better vs. what irritates them or causes their eyes to glaze over.

The pointers in Part Four ("The Words") are helpful advice for all writers, not just lawyers. The 17 techniques in this section encompass everything from adopting more vivid language and imagery and using "Creative Punctuation," to creating a "Seamless Flow" from one idea to the next, to ensuring a document's "Visual Appeal" with tables, charts, bulleted lists, and even specific, eye-friendly type fonts.

This book practices what it preaches, and Guberman's lively, graceful writing and choice examples make an enjoyable excursion out of what from less skilled hands would read like a textbook....

Point Made should be required reading for every lawyer in a litigation practice. The judges will be grateful, and the clients should get better outcomes. Read more ›