Winning on Appeal : Better Briefs and Oral Argument (NITA's Practical Guide Series) (NITA practical guide series) [Paperback]

Hon. Ruggero J. Aldisert (Author)

Book Description

Series: NITA practical guide series | Publication Date: March 1996

Judge Aldisert offers insight on whether to appeal, the likelihood of success, and how to improve your brief writing and oral argument. Learn what state and federal judges expect from lawyers during the appellate process and how to avoid common criticisms of written and oral arguments.

Editorial Reviews

Review

"This is a wonderfully instructive book. The writing is clear and vigorous. Comments from state chief justices, federal chief judges and from law clerks add a broader perspective to what Judge Aldisert has himself observed. Although the instruction this book provides will be particularly valuable to the neophyte at the bar, even the most experienced veteran will find things here worth pondering." -- Charles Alan Wright, Professor, University of Texas Law School

"Winning on Appeal, the latest book by one of the greatest appellate judges of our time, Ruggero J. Aldisert, is a must volume for the appellate advoacte. Indeed, it is a must for those who select appellate advocates. The art of appellate advocacy is the least developed of the branches of advocacy, and Judge Aldisert's volume will substantially advance the art. Even a veteran in the appellate practice will find it to be most helpful, and it has a welcome place in my library." -- Griffin B. Bell, former Attorney General, Partner at King & Spaulding, Atlanta

From the Publisher

Aldisert is a Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit.

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Product Details

• Paperback: 382 pages
• Publisher: Natl Inst for Trial Advocacy; Revised edition (March 1996)
• Language: English
• ISBN-10: 1556815069
• ISBN-13: 978-1556815065
• Product Dimensions: 9.7 x 6.6 x 1.2 inches
• Shipping Weight: 1.2 pounds
• Average Customer Review: 4.8 out of 5 stars  See all reviews (6 customer reviews)
• Amazon Best Sellers Rank: #569,934 in Books (See Top 100 in Books)

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Most Helpful Customer Reviews

10 of 11 people found the following review helpful:

4.0 out of 5 stars Wish I had read this first!, September 17, 2005

By 

Heidi J. Thompson "Dr Josi Law" (Lynchburg, VA USA) - See all my reviews
(REAL NAME)   

This review is from: Winning on Appeal: Better Briefs & Oral Argument (Paperback)

If you are preparing a brief for appeals court, or if you are a law student preparing for moot court, you need this book. There is a 3 page list of the common errors made in briefs that should be torn out and mounted to your computer as you are writing. The book is written by Judge Aldisert and teaches you how to "catch" the judge, who is too busy to deal with your shortcomings in writing. Very worthwhile reading.

2 of 2 people found the following review helpful:

5.0 out of 5 stars Fascinating, Well-Written, To-the-Point, August 18, 2008

By 

Steven J. Richardson (Ann Arbor, MI United States) - See all my reviews
(REAL NAME)   

This review is from: Winning on Appeal: Better Briefs & Oral Argument (Paperback)

As I've stated before, I am not a lawyer, law student, or other legal professional. I'm a guy who got involved in a contract dispute with the State, and this took me from an agency hearing through a judicial review in district court. Along the way, I found some great books which helped me understand how to cast my arguments in the proper legal fashion; terminology and cases are only part of this.

The other big part of this is the legal writing, and I found 2 books which I really enjoyed. Judge Aldisert's book is one; the other is Wilson Huhn's "The Five Types of Legal Argument". I found both of these books to have very accessible information which simply made sense, and I believe that lawyers would do well to read them as a means of making good briefs even better and more compelling.

The title of the review--"Fascinating, Well-Written, To-the-Point"--is really what Judge Aldisert is trying to get his reader to create, in terms of briefs. He begins by pointing out that very few cases are granted an appel, and even fewer win, but that the key to both can be compelling briefs. He notes that the appellate judge is besieged by all manner of briefs requesting some sort of appellate relief/hearing, and that "you" need to stand out, if possible.

Since Aldisert is "Senior United States Circuit Judge" and Chief Judge Emeritus of the United States Court of Appeals, Third Circuit, he clearly knows whereof he speaks. SO LISTEN! LEARN! READ THIS BOOK! :-)

He gives his own views re: mistakes most often made in such situations, what he likes and doesn't like, and what his polling of other similarly-situated jurists has shown. He talks quite plainly about what sort of writing gets the job done and what does not, and has _many_ helpful tips about how to frame a brief as a more coherent whole, etc.

The information is easy to read and not filled with filler material which might characterize such a book. It is real and seems to make a lot of sense as well as be useful. The National Institute for Trial Advocacy is the publisher, so that should tell you something.

I used Judge Aldisert's tips and ideas in my drafts of briefs for the judicial review of a State agency in which I was embroiled. I believe that a lawyer engaged in such work would find these ideas different from what he is used to, but that they would prove their effectiveness upon incorporation into the lawyer's "product", the brief. Aldisert is easy-to-read, funny at times, but full of real, practical wisdom drawn from reading far too many bad briefs and far too few good ones. At the very least, if you were to appear before him, you would want to have prepared a brief in which he would recognize the imprint of his ideas, to show that you have at least known your audience and tried to attain the level of writing which he would love to read every day.

Give it a try. I think you'll find his perspective authoritative, fresh, and rewarding. I also believe that it will challenge you to cast your briefs into a more coherent whole by providing a framework within which to make your points without seeming like an unconnected set of vignettes.

Thanks for reading this!

2 of 2 people found the following review helpful:

5.0 out of 5 stars Best Book on Writing I've Ever Read, June 18, 2008

By 

The Stranger "Meursault" (Arlington, VA) - See all my reviews
(VINE VOICE)   

This review is from: Winning on Appeal: Better Briefs & Oral Argument (Paperback)

From high school through law school I've been subjected to many books on writing. It always seemed counterintuitive to me. Reading about writing made about as much sense as reading how to play basketball. Your time is much better spent on the court. This is the only book on writing I've ever found valuable. In fact, I found it so valuable that I've decided to write a five-star review.

Judge Aldisert really gives you a look inside of a Judge's mind. He provides insight into effective advocacy as well as the technical requirements of an appellate brief. Aldisert devotes a chapter to each section of the brief, including the Statement of Issues, Statement of Facts, Summary of the Argument, and more. Near the end he also provides some great tips for oral advocacy including both presentation and preparation.

Judge Aldisert masterfully blends his own views with commentary from a wide array of legal practicioners, judges, and scholars. You really get a feel for the legal community and not just Judge Aldisert. He also does a great job of including excerpts from briefs to drive his points home. He manages to pick just the right handful of sentences to serve his purposes. I really can't recommend this book enough!