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

Bryan A. Garner (Author)
4.3 out of 5 stars  See all reviews (20 customer reviews)

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Book Description

019517075X 978-0195170757 May 13, 2004 2
Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present.
In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then 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 Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence.
Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.

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Editorial Reviews

Review


"All lawyers who rely upon written argument in their practices shoud have a copy of the book close at hand."--New York Law Journal


About the Author


A best-selling legal author with more than a dozen titles to his credit, Bryan Garner is also the editor-in-chief of Black's Law Dictionary in all of its current editions. He has taught at numerous law schools, and is the president of LawProse, Inc., a Dallas-based company that provides writing and drafting seminars to lawyers and judges throughout the United States.

Product Details

  • Hardcover: 528 pages
  • Publisher: Oxford University Press, USA; 2 edition (May 13, 2004)
  • Language: English
  • ISBN-10: 019517075X
  • ISBN-13: 978-0195170757
  • Product Dimensions: 10.2 x 7.9 x 1.2 inches
  • Shipping Weight: 2.7 pounds (View shipping rates and policies)
  • Average Customer Review: 4.3 out of 5 stars  See all reviews (20 customer reviews)
  • Amazon Best Sellers Rank: #18,196 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

20 Reviews
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Average Customer Review
4.3 out of 5 stars (20 customer reviews)
 
 
 
 
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Most Helpful Customer Reviews

43 of 44 people found the following review helpful:
5.0 out of 5 stars A must-have for practitioners, November 18, 2004
By 
S. L. Fabros (Salt Lake City, UT USA) - See all my reviews
(REAL NAME)   
This review is from: The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts (Hardcover)
I became familiar with this book in law school and it has helped me tremendously. It debunks the myths about which practices are truly expected in briefs and which provide more latitude and freedom for legal writers.

The information is presented in 100 easy-to-understand "tips." Each tip provides quotes from judges, legal scholars, and other literary figures who help to explain why a particular facet of writing is important. Garner also includes examples, oftentimes what-to-do's and what-not-to-do's.

The format of the book makes it easy and helpful to use and the information is invaluable. It's like an advanced course in legal writing.

Highly recommended!
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14 of 15 people found the following review helpful:
5.0 out of 5 stars Clear Writing is Persuasive Writing, January 9, 2007
This review is from: The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts (Hardcover)
The Winning Brief is essential reading for any lawyer who cares about writing clearly and persuasively. As a litigation partner and trial lawyer, I am always looking to improve my own skills and find that Bryan Garner's comments are clear and practical. I strongly recommend The Winning Brief because it goes well beyond many texts that discuss generalisms on trial and appellate briefs--Mr. Garner provides instead direct insight into how to move the trier of fact.
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8 of 9 people found the following review helpful:
5.0 out of 5 stars Helpful quick refernce, October 18, 2007
By 
M. Ivancie (San Francisco, CA) - See all my reviews
(REAL NAME)   
This review is from: The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts (Hardcover)
I am currently a law student, this book provides some insightful ideas and is useful because it doesn't require an hour of reading to pick out helpful relevant tips. All the 100 tips are outlined in the front and back cover so you can skim for something specific and go to it and read it.

The author of this book is highly respected and provides many CLE classes, I recommend this book to anyone looking for ways to improve their brief writing.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
judicial estoppel, buried verbs, challenged fees, substantive footnotes, judicial reader, phrasal adjectives, judgment security, orange pickup truck, appellate advocacy, paying quantities, prejudicial error, serial comma, abstention doctrine, partial summary judgment, brief writer, lease terminates, extrinsic evidence, community estate, manifestation rule, racketeering activity, claim construction, inequitable results, underlying judgment, legal writing, appellate brief
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Quotable Quotes, New York, United States, Some Before-and-After Examples Example, Appellate Practice Manual, Fifth Circuit, Officer Gibson, Judge Neufeldt, Dictionary of Modern Legal Usage, Learned Hand, Judge Simon, Maplewood One, Federal Circuit, Cellular One, Dynasty Mutual, Mutual Life, Ninth Circuit, Rudolf Flesch, George Rossman, Gibraltar Mall, Chester Park, First Amendment, Salve Regina, The Written Word, Burgess Gibraltar
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