The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers

Wolters Kluwer Law & Business
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The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments.

The Appendices provide a wealth of additional resources, including Karl Llewellyn's previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the "best advice on legal writing I've ever seen."
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Publisher
Wolters Kluwer Law & Business
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Published on
Oct 30, 2014
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Pages
300
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ISBN
9781454836285
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Language
English
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Genres
Law / Legal Education
Law / Legal Writing
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Content Protection
This content is DRM protected.
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Available on Android devices
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Ross Guberman
With Point Made, legal writing expert, Ross Guberman, throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture." Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply. In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.
Richard Michael Fischl

Professors Fischl and Paul explain law school exams in ways no one
has before, all with an eye toward improving the reader’s performance.
The book begins by describing the difference between educational
cultures that praise students for “right answers,” and the law school
culture that rewards nuanced analysis of ambiguous situations in which
more than one approach may be correct. Enormous care is devoted to
explaining precisely how and why legal analysis frequently produces such
perplexing situations.


But the authors don’t stop with mere description. Instead, Getting to Maybe
teaches how to excel on law school exams by showing the reader how
legal analysis can be brought to bear on examination problems. The book
contains hints on studying and preparation that go well beyond
conventional advice. The authors also illustrate how to argue both sides
of a legal issue without appearing wishy-washy or indecisive. Above
all, the book explains why exam questions may generate feelings of
uncertainty or doubt about correct legal outcomes and how the student
can turn these feelings to his or her advantage.


In sum, although the authors believe that no exam guide can
substitute for a firm grasp of substantive material, readers who devote
the necessary time to learning the law will find this book an invaluable
guide to translating learning into better exam performance.


“This book should revolutionize the ordeal of studying for
law school exams… Its clear, insightful, fun to read, and right on the
money.” — Duncan Kennedy, Carter Professor of General Jurisprudence, Harvard Law School  “Finally
a study aid that takes legal theory seriously… Students who master
these lessons will surely write better exams. More importantly, they
will also learn to be better lawyers.” — Steven L. Winter, Brooklyn Law School “If
you can't spot a 'fork in the law' or a 'fork in the facts' in an exam
hypothetical, get this book. If you don’t know how to play 'Czar of the
Universe' on law school exams (or why), get this book. And if you do
want to learn how to think like a lawyer—a good one—get this book. It's,
quite simply, stone cold brilliant.” — Pierre Schlag, University of Colorado School of Law (Law Preview Book Review on The Princeton Review website)

Attend a Getting to Maybe seminar! Click here for more information.

Scott Turow
One L, Scott Turow's journal of his first year at law school introduces and a best-seller when it was first published in 1977, has gone on to become a virtual bible for prospective law students. Not only does it introduce with remarkable clarity the ideas and issues that are the stuff of legal education; it brings alive the anxiety and competiveness--with others and, even more, with oneself--that set the tone in this crucible of character building. Turow's multidimensional delving into his protagonists' psyches and his marvelous gift for suspense prefigure the achievements of his celebrated first novel, Presumed Innocent, one of the best-selling and most talked about books of 1987.

Each September, a new crop of students enter Harvard Law School to begin an intense, often grueling, sometimes harrowing year of introduction to the law. Turow's group of One Ls are fresh, bright, ambitious, and more than a little daunting. Even more impressive are the faculty: Perini, the dazzling, combative professor of contracts, who presents himself as the students' antagonist in their struggle to master his subject; Zechman, the reserved professor of torts who seems so indecisive the students fear he cannot teach; and Nicky Morris, a young, appealing man who stressed the humanistic aspects of law.

Will the One Ls survive? Will they excel? Will they make the Law Review, the outward and visible sign of success in this ultra-conservative microcosm? With remarkable insight into both his fellows and himself, Turow leads us through the ups and downs, the small triumphs and tragedies of the year, in an absorbing and throught-provoking narrative that teaches the reader not only about law school and the law but about the human beings who make them what they are.

In the new afterword for this edition of One L, the author looks back on law school from the perspective of ten years' work as a lawyer and offers some suggestions for reforming legal education.

Brandt Goldstein
A tale more riveting than fiction, Storming the Court is the true story of idealistic law students who challenged the United States government in a battle for freedom and human rights that went all the way to the Supreme Court -- and resonates today more than ever.
In 1992, three hundred innocent men, women, and children who had qualified for political asylum in the United States were forced into a detention camp at the American naval base at Guantánamo Bay, Cuba, and told they might never be freed. Storming the Court takes readers inside this modern-day atrocity to tell the tale of Yvonne Pascal -- a young, charismatic activist -- and other Haitian refugees who had fled their violent homeland only to end up prisoners at Guantánamo. They had no lawyers, no contact with the outside world, and no hope...except for a band of students at Yale Law School fifteen hundred miles away.
Led by Harold Koh, a gifted but untested law professor, these remarkable twentysomethings waged a legal war against two U.S. presidents to defend the Constitution and the principles symbolized by the Statue of Liberty. It was an education in law unlike any other. With the refugees' lives at stake, the students threw aside classes and career plans to fight an army of government attorneys in a case so politically volatile that the White House itself intervened in the legal strategy.
Featuring a real-life cast that includes Kenneth Starr and other top Justice Department officials, U.S. marines, radical human-rights lawyers, and Presidents George H. W. Bush and Bill Clinton, Storming the Court follows the students from the classrooms at Yale to the prison camp at Guantánamo to the federal courts in New York and Washington as they struggle to save Yvonne Pascal and her fellow Haitian refugees.
At a time when the treatment of post-9/11 Guantánamo detainees has been challenged in the public arena and the courts, this book traces the origins of the legal battle over America's use of the naval base as a prison and illuminates the troubling ways that politics can influence legal decisions. Above all, though, Storming the Court is the David-and-Goliath story of a group of passionate law students who took on their government in the name of the greatest of American values: freedom.
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