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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts
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Review
"A thoroughly valuable and original reference for lawyers who want to win. It deserves a spot on every litigator's bookshelf."--The Federal Lawyer"All judges should attach a copy of The Winning Brief to each briefing schedule they order from the bench.... A valuable addition to any library with legal writing resources."--Legal Information ALERT"A book on 'writing' should be fun to read. In his book, Garner makes his teaching fun with the use of examples and quotations.... The more time you spend with this book, the more persuasive you arguments could be, whether in support of a otion in limine or in support of habeas corpus."--TheColorado Lawyer"The profession badly needs an accessible primer for advice on and solutions to the most common problems. Bryan Garner's The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts is just such text. All lawyers who rely upon written argument in their practices shoudhave a copy of the book close at hand."--New York Law Journal
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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.
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Product details
Hardcover: 528 pages
Publisher: Oxford University Press; 2 edition (May 13, 2004)
Language: English
ISBN-10: 019517075X
ISBN-13: 978-0195170757
Product Dimensions:
10.1 x 1.2 x 7.8 inches
Shipping Weight: 2.7 pounds
Average Customer Review:
4.5 out of 5 stars
89 customer reviews
Amazon Best Sellers Rank:
#345,621 in Books (See Top 100 in Books)
Admission -- I own and have read the prior edition. While I can't go line by line over the differences, this book is substantially thicker (yes, I know that thickness is a profound yardstick to compare the two editions), which indicates that a great deal of work has gone into this book.I disagree with Garner on some issues (such as defining parties in briefs), I really love the overall guidance. Keep in mind, though, that this is guidance. If you routinely appear in certain courts, you would be well served to go to a CLE at which one or more of the court's judges is speaking and try to determine his or her preferences. For instance, while my local federal appeals court has highly qualified and hard-working law clerks, the court of appeals for the state has no law clerks, which shifts certain burdens to the lawyers (e.g., if your adversary misstates the holding of an opinion, you can't assume that the court will catch it). Also, you should know whether to slavishly follow the local rules (some judges either ignore them or have their own orders which impose other requirements). Garner should have included a section dealing with these practical points.While this book is really good for younger attorneys, even old dogs like me can learn new tricks.
This book is a must. Even though it has the hideous word "tips" in the title, the book is organized and clear. Every time you turn the page you'll find another gem that will improve your writing. Some tips are global and overarching. For example, Garner at once exposes and destroys unconscious assumptions of the reader. Other tips are on a practical level like how to simplify the heading-subheading scheme so the reader understands your progression of arguments. And still other tips sound like a life coach teaching self discipline methods like clarifying what you need to know before you write. Worth the price. Keep on the shelf for long time to come.
I love this book but I was unable to get through it all because there are sooooooooo many pages. So it wasn't as useful for me because I was on a tight deadline of 2 weeks for writing a Moot Court Brief to get on to the board.But what I did read I certainly did apply, and I wrote the Best Brief for Moot Court because of this book.
Glad I bought this book, I am a nonlawyer but I still need to upgrade my writing skills every chance I get. I highly recommend this book for those of you who like to write and enjoy technical reading. I appreciate talking with attorneys over legal issues, and this is the type of book that can assist a person if your doing pro se work, and need to express your point of view in a coherent and intellectual manner. Sometimes Court administrator/judges, etc examine documents and it makes their day go a lot smoother when they can read a document or brief and clearly get the message without a lot of redundant and time-wasting lines of thought.
As a young lawyer, this is maybe the best legal writing book I've ever read. The advice is simple to follow and easy to apply. I keep this handy whenever I'm writing a brief or have a question about how to tackle a brief-related issue.Is it a little pricey? Yes. But it's worth it.
Best book I've read on legal writing ever. The only caveat I would add is that it is not as useful in law school, because real world law practice is so different than law school. Law school trains you in a particular way that ironically needs to be deprogrammed once you enter law practice in order to be a good writer and effective advocate. This book deprograms you of legalese. But if you read it while still in law school where legalese has a purpose--the purpose of making you start thinking as a lawyer--it undermines a process you need while still a student.For instance, stating issues in the "whether" format seems to be commonly expected in law school, while it is bad practice in memos and appellate briefs. This book aims to reverse many of the bad habits one acquires in law school--the legalese that served a purpose before you became a lawyer but which handicaps you for the rest of your career if you don't get deprogrammed. This book deprograms and provides new programming that makes you a better writer and advocate.
I love this book, but I am very disappointed in the Kindle edition. So be warned.I wanted a Kindle version of this terrific book because I wanted my own copy (I have borrowed a colleague's hard copy), and with my Kindle and iPad, I would always have it handy. As a way to read the book, this is great and helpful. But as a REFERENCE tool, it is nearly useless. There is no comprehensive table of contents to help you refer to past chapters to brush up on a particular topic. And the subject index--which is included--doesn't work. For example, when I look up "Mr., Ms. Mrs.," it refers to chapter 55 (which is right). But the link takes you to page 55, which is in the middle of chapter 8 and far from where you need to be. This simply isn't useful unless you are reading it only straight through.
This is one of the best legal writing books I've read. I had a settlement proposal I was working on. I decided to see if this book could give me some last minute polishing ideas. In 90 minutes the tips helped me sharpen my ideas so well that my work went from average to rockstar. I had to re read my introduction ten times because I did not believe I wrote it
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