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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court

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Rating: 5 stars
Summary: Outstanding, but also see Common Sense Rules of Advocacy
Review: ALL of Garner's books are excellent, but lawyers who want to be more persuasive should also get a practical book on trial advocacy, "Common Sense Rules of Advocacy for Lawyers" (also a wonderful book for 3Ls and new lawyers who want to learn how to be effective advocates). The author, Keith Evans, practiced as a British barrister for a decade and as a California trial lawyer for many years. He also lectured regularly to many American Inns of Court.

However, be warned: Common Sense Rules of Advocacy is NOT a book for litigators, but for advocates.

What others have said about Evans book:

"Valuable review for the old timers and an excellent primer for those who are starting the climb."
-- Jacob A. Stein, Stein, Mitchell & Mezines, Washington, DC

"Superb how-to book ...that is refreshingly readable."
-- Karl Tegland, author, "Courtroom Handbook on Washington Evidence"

"A wonderful 'Bible' for the trial lawyer who wants to win. If only we had had this in law school!"
-- Browne Greene, Greene, Broillet, Panish & Wheeler, Santa Monica, CA

"Even the most experienced trial lawyer can pick up some new techniques here."
-- Frederick C. Moss, Professor, Dedman School of Law, Southern Methodist University

"Valuable insights and practical lessons for anyone who advocates for a living."
-- Steve Clymer, J.D., mediator, arbitrator, and facilitator with ACCORD Dispute Resolution Services, Inc.

"Remarkable compendium of useful advice."
-- Roxanne Barton Conlin, Roxanne Conlin & Associates, Des Moines, IA (first woman President of Association of Trial Lawyers of America)

"Great introduction for the new lawyer and a wonderful learning tool for the advocate with experience."
-- Sherman L. Cohn, Professor, Georgetown University Law Center (first national President of American Inns of Court)

"Terrific guidebook."
-- Philip H. Corboy, Corboy & Demetrio, Chicago, IL

You can see more testimonials and more information about Evans' book on Amazon - search for ISBN 1587330059.

Rating: 5 stars
Summary: Better brief writing and more
Review: 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.

Rating: 5 stars
Summary: Better brief writing and more
Review: 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.

Rating: 5 stars
Summary: Better brief writing and more
Review: 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.

Rating: 5 stars
Summary: Indispensable tool for brief-writers
Review: Bryan Garner's book on brief-writing is the finest of its kind. I have asked all of the junior litigation associates in my office to purchase "The Winning Brief" and to adopt the principles and techniques Mr. Garner outlines so effectively. Mr. Garner's book should be required reading for every law student (and practicing litigator) in the country.

Rating: 5 stars
Summary: Indispensable tool for brief-writers
Review: Bryan Garner's book on brief-writing is the finest of its kind. I have asked all of the junior litigation associates in my office to purchase "The Winning Brief" and to adopt the principles and techniques Mr. Garner outlines so effectively. Mr. Garner's book should be required reading for every law student (and practicing litigator) in the country.

Rating: 5 stars
Summary: Outstanding, but also see Common Sense Rules of Advocacy
Review: 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.

Rating: 5 stars
Summary: The Bible (one of them) for legal writing
Review: 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.

Rating: 3 stars
Summary: Indispensible for any briefwriter
Review: My practice focuses on law-and-motion and appellate law. Well-written and persuasive briefs are my bread and butter. Garner's book helps me butter the bread. I have several of Bryan Garner's books (The Elements of Legal Style; A Dictionary for Modern Legal Usage; his two editions of Black's), but this is the one that has had the biggest influence on my brief writing. I received it at one of his brief-writing seminars. Since I attended the seminar and read the book, the quality of my briefs has increased exponentially. Garner guides the brief writer from the initial planning stages, through framing the issues (invaluable!), editing, punctuation, word choice, tips for impact (don't start a sentence with "however"; use "but," "although", or insert the "however" after the subject), and even technical tips about formatting (e.g. using bulleted lists.) I recommend it wholeheartedly.

Rating: 3 stars
Summary: Indispensible for any briefwriter
Review: My practice focuses on law-and-motion and appellate law. Well-written and persuasive briefs are my bread and butter. Garner's book helps me butter the bread. I have several of Bryan Garner's books (The Elements of Legal Style; A Dictionary for Modern Legal Usage; his two editions of Black's), but this is the one that has had the biggest influence on my brief writing. I received it at one of his brief-writing seminars. Since I attended the seminar and read the book, the quality of my briefs has increased exponentially. Garner guides the brief writer from the initial planning stages, through framing the issues (invaluable!), editing, punctuation, word choice, tips for impact (don't start a sentence with "however"; use "but," "although", or insert the "however" after the subject), and even technical tips about formatting (e.g. using bulleted lists.) I recommend it wholeheartedly.


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