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 | | The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court by Bryan A. Garner ISBN-10: 0195128087 ISBN-10: 0-19-512808-7 ISBN-13: 9780195128086 ISBN-13: 978-0-19-512808-6 Hardcover 1999-05-03 Oxford University Press, USA Find Lowest Price |
Editorials | ||
Product Description 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. | ||
Reviews | ||
Short, Concise, Valuable Information This was one of the best books on legal writing I've read. Excellent. I wish I could afford a copy for myself! (I was lucky to find it at the library.) | ||
Excellent well-defined suggestions Garner's book is helpful because: 1) It is written in an easy to understand accessible way. 2) It segregates and categorizes what he characterizes as tips. That allows the reader to weigh and evaluate the merit of Garner's judgment on a tip individually. It also allows the reader to conceptually focus on a narrow writing issue. 3) The advantage of each "tip" is supported by a brief observation or argument. 4) Garner uses examples to support the validity of his arguments in favour of a tip, often with before and after pieces of writing. 5) Because of the organization into 100 tips, the book also can be a helpful reference. While the advice to avoid clutter, in words, ideas, and layout sounds commonsensical, applying that advice is not always so obvious. I think Garner does a terrific job. Even though, in an effort to avoid clutter, I have been using many of these "tips", I had not engaged in the kind of analysis that Garner has. Even it you already observe these tips, there is some comfort in having validation--that you are on the right track. An earlier reviewer refers favourably to Judge Aldisert's book from NITA about appeal briefs in the course of reviewing Garner's book. I am reading that book now. I do not think Judge Aldisert's book is a superior alternative to Garner's book. I think the books are complementary. Justice Aldisert's book has a number of points that are specific to certain areas of American appellate practice. Garner's book is more about getting your ideas across well through writing, and has a strong emphasis on some important components in putting sentences and paragraphs together, grammatical, structural, choice of vocabulary. Overall, Garner's book is a tremendous resource. Lucky lawyers reading it; lucky judges when they get the benefit of better written briefs because of Garner's book. | ||
The Bible (one of them) for legal writing I'm a former paralegal currently in law school, and one of the more difficult things about dealing with the law is making your writing sparkle... in the most succinct way possible. This book can help. With countless examples and snippets of wisdom culled from top legal minds, Bryan Garner has put together a fantastic resource. He takes the reader through the entire process of writing to the court, from brainstorming to the million (or 100, at least) ways to polish a document. This isn't a book that rehashes writing tips you'll find in more general guides--it is specifically geared toward the delicate craft of legal writing. Admittedly, this is a somewhat pricey tome, but it's worth every penny. | ||
An excellent handbook on legal writing. This volume is by far the best work available on legal writing. Most of Prof. Garner's advice applies not merely to briefs but to memos, letters, and other persuasive or analytical forms. His chapters take you through every step of writing, from the earliest, painful efforts to collect your thoughts, through outlining, issue-framing, structuring an argument, and finally the specifics of sentence structure, word choice, and punctuation. Unlike many writing manuals, this book places emphasis where it is really needed: not on mechanics, but on the large structural tasks that can make or break a project. While some of Prof. Garner's formatting suggestions may not be acceptable in many jurisdictions, his more general advice -- the real reason for buying this book -- will be helpful everywhere. | ||
Better brief writing and more 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. | ||