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Point Made: How to Write Like the Nation's Top Advocates Format Kindle

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Longueur : 419 pages Word Wise: Activé Langue : Anglais

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Descriptions du produit

Présentation de l'éditeur

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.

Biographie de l'auteur

Ross Guberman is president of Legal Writing Pro, an advanced legal-writing training and consulting firm. He has worked with thousands of attorneys at more than 100 of the world's largest and most prestigious law firms and for dozens of state and federal agencies and bar associations. Guberman is also a Professorial Lecturer in Law at The George Washington University Law School, and he holds degrees from Yale, the Sorbonne, and The University of Chicago Law School. Before founding Legal Writing Pro, Guberman worked as a musician, lawyer, translator, editor, and journalist. He has also commented on law, business, and lawyer development for major newspapers, radio stations, trade publications, and television networks, and he has addressed several major international conferences as well.

Détails sur le produit

  • Format : Format Kindle
  • Taille du fichier : 571 KB
  • Nombre de pages de l'édition imprimée : 419 pages
  • Pagination - ISBN de l'édition imprimée de référence : 0199943850
  • Editeur : Oxford University Press; Édition : 2 (6 mars 2014)
  • Vendu par : Amazon Media EU S.à r.l.
  • Langue : Anglais
  • ASIN: B00J3RGPR8
  • Synthèse vocale : Activée
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  • Word Wise: Activé
  • Composition améliorée: Non activé
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Commentaires client les plus utiles sur (beta) HASH(0x983811f8) étoiles sur 5 22 commentaires
3 internautes sur 3 ont trouvé ce commentaire utile 
HASH(0x980a4de0) étoiles sur 5 Great resource for lawyers 14 juin 2014
Par Daniel R. Baker - Publié sur
Format: Broché
All lawyers want to write winning briefs, so why do so few of us do it? I think Bryan Garner once said that the average judge considers only a small minority of briefs useful -- not good, just useful. I think a big reason -- maybe the biggest reason -- is that we don't have good examples. We base our work on prior work that other lawyers in the firm filed; they based it on other lawyers' work before that, and so on. Most of that previous work wasn't well written to begin with, and it gets worse with each iteration.

Ross Guberman is here to give you good examples. Tons of good examples, innumerable good examples, from the top legal writers in the profession. Examples from briefs by Ted Olson, Larry Tribe, Alan Dershowitz, Don Verrilli, Ken Starr, and many other famous lawyers fill the pages. Many of the attorneys here - John Roberts, Ruth Bader Ginsburg, Frank Easterbrook, and Barack Obama - later went on to bigger and better things.

Guberman then analyzes the examples and breaks down, step by step, how these masters of legal writing achieved the results they did, and how you can do the same. He shows how these lawyers select their theme, how they state the facts in the best possible way for their clients, how they eliminate surplusage from their statements of facts, and how their style contributes to victory. Each of these techniques is broken down into step-by-step instructions, with exercises to enable you to learn them yourself.

This book is a must-have for any attorney interested in their own professional development - which is to say, all attorneys.
3 internautes sur 3 ont trouvé ce commentaire utile 
HASH(0x980a4e34) étoiles sur 5 Great Resource for Legal Professionals 14 août 2014
Par Luhlar - Publié sur
Format: Broché
Heard good things about this book at a CLE last year, finally bought it. Excellent examples and explanations. I don't know if it would translate well into other professions -- but great resource for lawyers / paralegals.
2 internautes sur 2 ont trouvé ce commentaire utile 
HASH(0x9867e288) étoiles sur 5 A Must-Have for Legal Writers 29 janvier 2016
Par Chauncey - Publié sur
Format: Broché Achat vérifié
Without a doubt, this is essential reading for any legal writer seeking to produce creative, persuasive writing. Mr. Guberman's crack advice, sharp prose, and examples from the nation's top advocates make this a must have for law students and attorneys.
5 internautes sur 7 ont trouvé ce commentaire utile 
HASH(0x9867e270) étoiles sur 5 A Must Read for Lawyers and Non-Lawyers Alike! 22 novembre 2014
Par Jim Gilliam - Publié sur
Format: Broché
DISCLAIMER: I am not a lawyer. And you ask, “Why did you buy and, not only read, but devour this book, not once, but three times, to date?”

The answer is quite simple really. Someone once said, “In America, you are entitled to as much justice as you can afford to pay for.” And from time-to-time, I've found it necessary to avail myself of the American judicial system, even though I could not afford an attorney.

A question on a recent law school exam on the English Legal System, at the University of London, reads: “Justice is open like the doors of the Ritz Hotel. To what extent is justice accessible?”

The opening of a proposed model answer reads: “A system of justice is very necessary for the civilized resolution of disputes but if the people with disputes cannot afford to use the justice system then it fails to carry out its purpose and cheaper alternatives must be developed.”

The model answer goes on to suggest, “the factors which increase the cost of legal proceedings include:
(a) The complexity of the legal system which forces users to employ lawyers,
(b) The adversarial nature of procedures, with oral hearing and cross-examination, and
(c) The expenses of expert witnesses.”
So, what does the English legal system have to do with us? Don’t forget that our system of law in America is, with the exception of Louisiana, based on English common law. Which is probably the rationale behind the Sixth Amendment to the Constitution, where the Supreme Court In Bounds v. Smith, 430 U.S. 817 (1977), inter alia, upheld the constitutional right of “meaningful access to the courts.”

Then, does that mean, that if you represent yourself, the judge will cut you a break?

Theoretically, yes, in practice—no. You are representing yourself, and in that, you’re like an amateur boxer climbing into the ring with Mike Tyson. The first thing a lay plaintiff or defendant (referred to as pro se) must accept, is that law and justice are mutually exclusive terms. You are in a court of law, not justice and the judge and opposing counsel graduated from law school, not justice school. You will have to use every device—like this book—to make it through the first round, let alone, to the end of the match. This book goes to the very heart of the legal adversarial system and is a must read for lawyers (at any level) and the vast horde of unrepresented litigants, forced to operate within its rules.

Therefore, representing yourself in court, like the contemplation of murder, is not for the faint of heart. However, if you do decide to exert your Sixth Amendment right to self-representation, you need to be prepared to stay the course. I submit that the lynch-pin of that pre-trial and trial preparation should begin with Ross Guberman’s BIG, little book, on making your point quickly with the trial judge. Court dockets are overcrowded, and judges are extremely busy, and you need to make your point not only quickly but clearly.

Let’s say, you’ve written a novel and it’s in your local bookstore. What makes it any different from all of the other books in your genre, surrounding it on the shelves? The typical reader makes his decision to buy, or pass on, your book in about fifteen seconds. The title and cover art prompts the perspective reader (the judge) to take it off the shelf where he or she reads the back-cover blurb, and turns to page one where he or she hopes to see a great opening line: “Call me Ishmael.” One of the all-time “grabbers” of reader attention. What I’m saying, and what Mr. Guberman drives home, again-and-again, in his book is what lawyers, pro se litigants, and authors, have in common, is that they must—not just should—give the judge (readers) a reason to read on. As Mr. Guberman says: “You have to sell the judge the ‘sizzle’ before serving up the steak.” I’m an author of suspense thrillers, and I have a group of Beta readers who read my stuff before I submit it to my publisher. The main thing I ask them to comment on is: “At what point did you lose interest in the story and start skipping ahead.” This, is the whole essence of Ross Guberman’s book. Make your writing seem like a breath of fresh air, not the same old drudge so many, of your opponents will be serving up. Dare to be innovative and it will pay off, whether you are a seasoned trial lawyer, a junior associate at Ding, Dingbat, and Clueless, or a reasonably knowledgeable pro se plaintiff like me.

I highly recommend this book. It is now the cornerstone of my pro se law library. I can't wait to read more from him.
2 internautes sur 2 ont trouvé ce commentaire utile 
HASH(0x9867e738) étoiles sur 5 Great Resource 28 septembre 2014
Par Elky - Publié sur
Format: Broché
Excellently written, gives very useful examples of what to do and what not to do. Great for any legal writing class. The book came in great condition.
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