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

ISBN-10: 0195394879
ISBN-13: 9780195394870
Edition: 2010
Authors: Ross Guberman
List price: $19.95
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Description: When attorneys begin their latest motion or brief, they face a predictable set of questions and concerns, including how to start, how to draft winning headings, how to tell a story when the record is dry and dense, how to neutralize bad facts, how  More...

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Book details

List price: $19.95
Copyright year: 2010
Publisher: Oxford University Press, Incorporated
Publication date: 3/23/2011
Binding: Paperback
Pages: 200
Size: 5.00" wide x 8.00" long x 0.75" tall
Weight: 1.100
Language: English

When attorneys begin their latest motion or brief, they face a predictable set of questions and concerns, including how to start, how to draft winning headings, how to tell a story when the record is dry and dense, how to neutralize bad facts, how to be persuasive when recounting the governing law, how to confront adverse authority, how to analogize cases without drowning in detail, how to distinguish authority without sounding defensive, and how to make a brief interesting without seeming corny or coy. The answers to these questions are more science than art, and the best advocates-from Thurgood Marshall to John Roberts-have far more in common with each another than with their less-adept contemporaries. In Point Made , author Ross Guberman aims to break down the work of great advocates into a step-by-step writing strategy with practical examples. Each chapter focuses on a fundamental challenge that briefwriters face, and includes an overview incorporating insight from judges, followed by specific practice pointers in checklist form and annotated examples of how prominent advocates have resolved the challenge in a variety of trial and appellate briefs.

Julia Kristeva is an internationally known psychoanalyst and critic and is professor of linguistics at the University of Paris VII. She is the author of many highly regarded books published by Columbia in translation, including Hannah Arendt, Strangers to Ourselves, New Maladies of the Soul, Time and Sense,and The Sense and Non-Sense of Revolt.

Acknowledgments
Introduction
The Theme 1
Brass Tacks: "Explain who, what, when, where, why, how"
The Short List: Number your path to victory
Why Should I Care? : Give the court a reason to want to find for you
Don't Be Fooled : Draw a line in the sand
The Tale
Panoramic Shot : Set the stage and sound your theme
Show, Not Tell : Let choice details speak for themselves
Once Upon a Time : Replace dates with phrases that convey a sense of time
Headliners : Use headings to break up your fact section and to add persuasive effect
Back to Life : Center technical matter on people or entities
Interlude: Gauging your brief's readability
Poker Face : Concede bad facts, but put them in context
End with a Bang : Leave the court with a final image or thought
The Meat Using Headings
Russian Doll: Nest your headings and subheadings
Heads I Win, Tails You Lose : Argue in the alternative
Interlude: Love "because"
Structuring the Sections
Sneak Preview : Include an umbrella paragraph before your headings and subheadings
Wish I Were There : Start each paragraph by answering a question you expect the court to have
Sound Off : Start the paragraphs with numbered reasons
Analogizing
Long in the Tooth : Say "me too"
Peas in a Pod : Link your party with the party in the cited case
Mince Their Words : Merge pithy quoted phrases into a sentence about your own case
One Up : Claim that the case you're citing applies even more to your own dispute
Interception : Claim that a case your opponent cites helps you alone
Rebound : "Re-analogize" after the other side tries to distinguish
Distinguishing
Not Here, Not Now : Lead with the key difference between your opponent's case and your own
One Fell Swoop : Distinguish a line of cases all at once
Not So Fast : Show that the case doesn't apply as broadly as your opponent suggests
Authority Problems : Suggest that the case deserves little respect
Using Parentheticals
Ping Me : Introduce your parentheticals with parallel participles
Speak for Yourself : Include a single-sentence quotation
Hybrid Model : Combine participles and quotations
Introducing Block Quotations
Lead 'Em On : Introduce block quotations by explaining how the language supports your argument
Using Footnotes
Interlude: Citations in footnotes
Race to the Bottom : Use footnotes only in moderation to address related side points and to add support
The Words Liven Up the Language
Zingers : Colorful verbs
What a Breeze : Confident tone
Manner of Speaking : Figures of speech
That Reminds Me : Examples and analogies
Jumpstart Your Sentences
The Starting Gate : The one-syllable opener
Size Matters : The pithy sentence
Freight Train : The balanced, elegant long sentence
Leading Parts : Two sentences joined as one
Talk to Yourself : The rhetorical question
Parallel Lives : The parallel construction
Creative Punctuation
A Dash of Style : The dash
Interlude: The hyphen
Good Bedfellows : The semicolon
Magician's Mark : The colon
Seamless Flow
Take Me by the Hand : Logical connectors 110 Transition Words and Phrases
Bridge the Gap : Linked paragraphs
Visual Appeal
Interlude: Looking good
Join My Table : Tables and charts
Bullet Proof : Bullet points and lists
The Close The Last Word
Parting Thought : End the argument with a provocative quotation or pithy thought
Wrap-Up : Recast your main points in a separate conclusion

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