Making Your Case
The Art of Persuading Judges
by Antonin Scalia, Bryan A. Garner
Justice Antonin Scalia and legal-writing master Bryan Garner combined forces to write the practitioner's bible for appellate advocacy. Covers brief-writing, oral argument, dealing with the bench, and the rhetorical habits that distinguish the lawyers judges actually want to read.
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Jim's Review
This is a small book, maybe two hundred pages, and it's one of the most useful books on appellate practice around. Scalia brings the bench's perspective; Garner brings the writing craft. They disagree about a few things and put both views on the page, which is the right way to write this kind of book. The "Rules of Argument" section alone will improve your briefs. The chapters on what NOT to do — burying the lede, citing too much, trying to be clever — are worth the price of admission. Five worms. Buy a copy for every first-year associate.
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