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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court
 
 
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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court [Hardcover]

Bryan A. Garner (Author)
4.6 out of 5 stars  See all reviews (9 customer reviews)


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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts 4.3 out of 5 stars (20)
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Book Description

0195128087 978-0195128086 May 3, 1999 3rd edition
Good writing wins court cases. Now, one of America's most sought-after experts on legal writing offers a tested guide to preparing successful briefs - the written arguments lawyers present to judges and juries.
In 100 concise, practical, easy-to-use sections, Bryan A. Garner goes step by step through the art of effective legal writing. He covers it all - from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words. "Never write a sentence that you couldn't easily speak," Garner warns - and he shows how to do that. He gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, the book also covers the new appellate rules for preparing federal briefs.
An invaluable resource for attorneys, law clerks, judges, paralegals, and law students and their teachers, The Winning Brief has the qualities that make Garner's book so successful: authority, accessibility, and page after page of tips and techniques that work.


Editorial Reviews

Review

"This is a great book for any appellate practitioner who wishes to get better. Mr. Garner demonstrates admirably the brevity and clarity that he teaches. This book reflects great learning. Yet it is highly practical . . . we can speak no highter praise."--ABA Appelate Practice Journal

"...[The Winning Brief] is a terrific reference . . . [it] will occupy a prominent place on my bookshelf . . ."--Jurist www.law.pitt.edu/lawbooks/revsep99.htm

About the Author


Bryan A. Garner is one of America's leading experts on legal writing. He is president of LawProse, Inc., which conducts CLE workshops for lawyers across the country and advises law firms and in-house counsel on preparing briefs and revising contracts and drafting court rules. He has also been a consultant to state and federal courts on drafting court rules. He lives in Dallas.

Product Details

  • Hardcover: 456 pages
  • Publisher: Oxford University Press, USA; 3rd edition edition (May 3, 1999)
  • Language: English
  • ISBN-10: 0195128087
  • ISBN-13: 978-0195128086
  • Product Dimensions: 10.4 x 7.8 x 1.3 inches
  • Shipping Weight: 2.8 pounds
  • Average Customer Review: 4.6 out of 5 stars  See all reviews (9 customer reviews)
  • Amazon Best Sellers Rank: #829,189 in Books (See Top 100 in Books)

More About the Author

Bryan Garner is the award-winning author or editor of more than 20 books. He is a prolific lecturer, having taught more than 2,500 writing workshops since the 1991 founding of his company, LawProse, Inc. His works include Garner on Language and Writing and Making Your Case: The Art of Persuading Judges, co-written with Justice Antonin Scalia. Garner has served as editor-in-chief of Black's Law Dictionary since 1995, and he is the author of the grammar-and-usage chapter in the venerable Chicago Manual of Style.

 

Customer Reviews

9 Reviews
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Average Customer Review
4.6 out of 5 stars (9 customer reviews)
 
 
 
 
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57 of 58 people found the following review helpful:
3.0 out of 5 stars Indispensible for any briefwriter, October 25, 1999
By 
Daniel Barer (Los Angeles, CA United States) - See all my reviews
(REAL NAME)   
This review is from: The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court (Hardcover)
My practice focuses on law-and-motion and appellate law. Well-written and persuasive briefs are my bread and butter. Garner's book helps me butter the bread. I have several of Bryan Garner's books (The Elements of Legal Style; A Dictionary for Modern Legal Usage; his two editions of Black's), but this is the one that has had the biggest influence on my brief writing. I received it at one of his brief-writing seminars. Since I attended the seminar and read the book, the quality of my briefs has increased exponentially. Garner guides the brief writer from the initial planning stages, through framing the issues (invaluable!), editing, punctuation, word choice, tips for impact (don't start a sentence with "however"; use "but," "although", or insert the "however" after the subject), and even technical tips about formatting (e.g. using bulleted lists.) I recommend it wholeheartedly.
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21 of 22 people found the following review helpful:
5.0 out of 5 stars This book is especially apt for "seasoned" brief writers, August 25, 2000
By A Customer
This review is from: The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court (Hardcover)
One misses the point of Mr. Garner's book if they think this is another treatise on brief writing. Mr. Garner's approach, though commonsensical, is sorely needed in the legal world. So many briefs are too long, too boring, and too obtuse to be of any use. Granted one need not follow all of Mr. Garner's tips, such as footnotes, but if you follow most of them, you will end up with a brief that is not a chore to read, succinctly informs the judge of the issue and why she should rule in your favor. This book is definitely for people who think they already know how to write a brief, and who don't need any book to help them do so (and who also most likely churn out boring, difficult to read briefs). There is a world of difference between a typical brief and the type that Mr. Garner envisions. By the way, anyone who has not taken Mr. Garner's course should. He is one of the best public speakers and teachers you will ever encounter.
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20 of 22 people found the following review helpful:
5.0 out of 5 stars Better brief writing and more, March 18, 2001
By 
Kenneth Fair (Houston, TX USA) - See all my reviews
(REAL NAME)   
This review is from: The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court (Hardcover)
Bryan A. Garner, editor-in-chief for the latest edition of Black's Law Dictionary, is one of America's foremost proponents of the "plain English" movement in the law. In The Winning Brief, Mr. Garner distills the principles found in his seminars and his other books (such as The Elements of Legal Style) and channels them toward one goal: helping the reader write better legal briefs.

The Winning Brief presents its advice in the form of 100 tips, each followed by quotations, commentary, and examples. The tips follow the chronological order of a writing project, from initial brainstorming to proofreading. The tips are listed inside the front and rear covers for quick reference.

Mr. Garner's advice has contributed directly to my practice. I have applied his advice in writing four summary judgment motions; two were granted, while the other two led to favorable settlements for my clients.

The reader is sure to find at least one or two tips that can be applied immediately to a current writing project. Not only that, but Mr. Garner's advice can be applied to other non-fiction writing projects. In sum, I heartily recommend this book to all attorneys who hope to be more persuasive in their writing.

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Inside This Book (learn more)
First Sentence:
Most writing advice focuses on the end product. Read the first page
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
judicial estoppel, challenged fees, buried verbs, phrasal adjectives, substantive footnotes, orange pickup truck, district court correctly, excess judgment, paying quantities, prejudicial error, appellate advocacy, abstention doctrine, partial summary judgment, community estate, extrinsic evidence, lease terminates, manifestation rule, racketeering activity, serial comma, underlying judgment, inequitable results, claim construction, appellate brief, legal writing, intermediate court
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Quotable Quotes, New York, Some Before-and-After Examples Example, United States, Appellate Practice Manual, Fifth Circuit, Officer Gibson, Maplewood One, Dictionary of Modern Legal Usage, Dynasty Mutual, Gibraltar Mall, Rudolf Flesch, George Rossman, Mutual Life, Chester Park, Day Cessation of Production Clause, Federal Circuit, Hamilton Park, Ninth Circuit, Salve Regina, Under California, Burgess Gibraltar, Essex County, Millard Burgess, State Board of Insurance
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