The Winning Brief

The Winning Brief

This revised version of Bryan A. Garner's modern classic explains the art of effective writing in 100 concise, practical, and easy-to-use sections.

Author: Bryan Garner

Publisher: Oxford University Press, USA

ISBN: 0199378355

Category: Law

Page: 775

View: 358

In its first two editions, The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. 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. Every tip begins with a set of quotable quotes from experts, followed by Garner's 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, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout-all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering"). Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal. 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.
Categories: Law

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

The Winning Brief 100 TIPS FOR PERSUASIVE BRIEFING IN TRIAL AND APPELLATE COURTS Second Edition Bryan A. Garner 1 Oxford New York Auckland Bangkok Buenos Aires Cape Town 1 THE WINNING BRIEF 100 Tips for Persuasive Briefing in Trial and ...

Author: Bryan A. Garner

Publisher: Oxford University Press

ISBN: 0199826625

Category: Law

Page: 528

View: 927

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.
Categories: Law

Brief Writing Masterclass

Brief Writing Masterclass

147 Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, 3rd ed., OUP, 2014, 127. 148 Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, ...

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 9781482878011

Category: Law

Page: 572

View: 134

An advocate submits a brief to a court or tribunal to persuade it to decide the cause or matter in favor of the advocates client or position. The key word is persuade. Too often, advocates forget this and write to please themselves. They write to themselves instead of to the court. They write in chest-thumping prose and style. Advocates will do well to keep in mind that in advocacy, persuasion is all that matters. This book teaches persuasive written advocacy. It shows advocatesof all ranks, in all jurisdictions, in all proceedings, before all courts or tribunalshow to prepare and present winning and winsome arguments. Because of its emphasis on winning, the books pedagogy blends law, linguistics, logic, psychology, rhetoric, and semantics.
Categories: Law

The Uncommon Law of Learned Writing

The Uncommon Law of Learned Writing

132 Bryan A Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, 3rd ed., New York, Oxford University Press, 2014, 265. 133 Gerald Lebovits, 'Do's, Don'ts, and Maybes: Legal Writing Do's – Part II', ...

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 9781482809053

Category: Education

Page: 248

View: 282

The Uncommon Law of Learned Writing encourages and motivates lawyers and nonlawyers alike to prefer plain English to the legalese and verbosity that have plagued legal writing for centuries.
Categories: Education

Persuasive Written and Oral Advocacy

Persuasive Written and Oral Advocacy

Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts 162-68 (3d ed. 2014). 3. Diana Hacker, A Writer's Reference 44 (8th ed. 2016). 4. Id. at 51. 5. Lin Fraser, Recipe for a Good Paragraph ...

Author: Michael R. Fontham

Publisher: Wolters Kluwer Law & Business

ISBN: 9781543801729

Category: Appellate procedure

Page: 479

View: 902

While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge's time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
Categories: Appellate procedure

Motion Practice

Motion Practice

Darby Dickerson, Motion Potion: Tips for Magical Memoranda, PRAC. LITIGATOR, Jan. 2005, at 7. BRYAN A. GARNER, THE WINNING BRIEF: 100 TIPS FOR PERSUASIVE BRIEFING IN TRIAL AND APPELLATE COURTS (2d ed. 2004).

Author: David F. Herr

Publisher: Wolters Kluwer

ISBN: 9781454871491

Category: Motions (Law)

Page: 1268

View: 963

This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Seventh Edition shows you both what is permissible and what is advisable in such aspects of motion practice as: Formal requirements Strategic uses Use of supporting documents Effective advocacy Persuasive oral argument Ethical issues The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples.
Categories: Motions (Law)

American Judicial Process

American Judicial Process

Advice on the preparation of persuasive briefs abounds. See, e.g., Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, Second Edition (New York, NY: Oxford University Press, ...

Author: Pamela C. Corley

Publisher: Routledge

ISBN: 9781136286568

Category: Political Science

Page: 474

View: 137

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.
Categories: Political Science

American Tyranny

American Tyranny

The best resource today to learn how to write an outstanding brief is Bryan A. Garner, author of The Winning Brief / 100 Tips for Persuasive Briefing in Trial and Appellate Courts. He provides 100 tips from start to finish as he coaches ...

Author: Michael Sawukaytis et al

Publisher: Author House

ISBN: 9781481733083

Category: Education

Page: 272

View: 895

2013 marks the 100th anniversary of our federal income tax enacted in 1913. This book is based on sound legal research, court records, compelling exhibits and actual litigation by the author. To understand Our Tax-Apocalypse, the reader will discover that the federal income tax collected today is NOT the federal income tax enacted by the U.S. Congress in 1913 or defined by the U.S. Supreme Court in 1916. Driven by boundless arrogance, this special unauthorized income tax is possibly the root cause for the destruction of our freedom and our economy. Th e reader will also learn that there is a tangible remedy on the horizon IF the will of Th e People so chooses. Th e remedy is a simpler tax called ‘Th e FairTax’ and it’s designed to emancipate our citizens from acts of federal peonage and restore the prosperity of our economy so that Liberty and the Pursuit of Happiness are once again achievable goals for our future generations to come. “When the government fears the people, there is liberty; when the people fear the government, there is tyranny.” -Thomas Jefferson Thank you Michael Sawukaytis- Author
Categories: Education

The Good Lawyer

The Good Lawyer

4. 5. See, e.g., Roger Fisher et al., Getting toYes: Negotiating anAgreement Without Giving in (2d ed. 1991); Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts (2004); G. Richard Schell, ...

Author: Douglas O. Linder

Publisher: Oxford University Press

ISBN: 9780199360253

Category: Law

Page: 288

View: 540

Every lawyer wants to be a good lawyer. They want to do right by their clients, contribute to the professional community, become good colleagues, interact effectively with people of all persuasions, and choose the right cases. All of these skills and behaviors are important, but they spring from hard-to-identify foundational qualities necessary for good lawyering. After focusing for three years on getting high grades and sharpening analytical skills, far too many lawyers leave law school without a real sense of what it takes to be a good lawyer. In The Good Lawyer, Douglas O. Linder and Nancy Levit combine evidence from the latest social science research with numerous engaging accounts of top-notch attorneys at work to explain just what makes a good lawyer. They outline and analyze several crucial qualities: courage, empathy, integrity, diligence, realism, a strong sense of justice, clarity of purpose, and an ability to transcend emotionalism. Many qualities require apportionment in the right measure, and achieving the right balance is difficult. Lawyers need to know when to empathize and also when to detach; courage without an appreciation of consequences becomes recklessness; working too hard leads to exhaustion and mistakes. And what do you do in tricky situations, where the urge to deceive is high? How can you maintain focus through a mind-taxing (or mind-numbing) project? Every lawyer faces these problems at some point, but if properly recognized and approached, they can be overcome. It's not easy being good, but this engaging guide will serve as a handbook for any lawyer trying not only to figure out how to become a better--and, almost always, more fulfilled--lawyer.
Categories: Law

Motion Practice and Persuasion

Motion Practice and Persuasion

For many motions , the purpose is to convince the court to grant an evidentiary hearing . ... Bryan A. Garner , The Winning Brief : 100 Tips for Persuasive Briefing in Trial and Appellate Courts 303 ( 1999 ) .

Author: L. Ronald Jorgensen

Publisher: American Bar Association

ISBN: 1590316304

Category: Law

Page: 235

View: 261

This book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion.
Categories: Law