The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers, ISBN-13: 978-1454818380

The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers, ISBN-13: 978-1454818380

[PDF eBook eTextbook]

• Publisher: ‎ Aspen Publishers; Aspen Coursebook edition (June 27, 2013)
• Language: ‎ English
• 300 pages
• ISBN-10: ‎ 9781454818380
• ISBN-13: ‎ 978-1454818380

Students crave examples of how to write effectively, and The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers satisfies with a powerful “show-don’t-tell” approach. The text thoughtfully compiles approximately 160 short, stellar excerpts of legal advocacy and analysis and demonstrates vital principles by using documents from exciting, timely cases: the WikiLeaks controversy, the Deepwater Horizon litigation, the Independent Counsel’s investigation of President Clinton, Facebook’s battle with the Winklevoss twins, and the prosecution of Bernie Madoff. Detailed annotations give insight into what makes each document so effective, and each chapter ends with one or two unannotated examples for in-class discussion and analysis. For year-long courses, this book is a stellar option for second-semester students. Mirroring the sophistication of doctrinal textbooks, The Art of Advocacy stresses strategic choices and the art of building compelling substantive arguments. The text focuses on briefs and motions¿developing a theme, framing issues, and isolating examples of specific doctrinal, textual, and policy arguments. Many chapters are devoted to the documents lawyers write most often, such as e-mails, letters, memos, and motions. An innovative layout helps students engage with the material. Exemplary Legal Writingcontains never-published “private and confidential” 1957 advice on written advocacy from the legendary Karl Llewellyn. A comprehensive Teacher’s Manual provides sample syllabi, additional discussion points, discussion points on the unannotated examples at the end of each chapter, and exercises.

Features

• employs a “show-don’t-tell,” example-driven approach
• compiles approximately 160 short, stellar excerpts of legal advocacy and analysis
• demonstrates vital principles with documents from exciting, timely cases
  • the WikiLeaks controversy
  • the Deepwater Horizon litigation
  • the Independent Counsel’s investigation of President Clinton
  • Facebook’s battle with the Winklevoss twins
  • the prosecution of Bernie Madoff, and more
• detailed annotations give insight into what makes each document effective
• short introductions explain the context and basic facts of the case for which each exemplar was written
• chapters end with one or two unannotated examples for in-class discussion and analysis
• for year-long courses, a stellar option for second-semester students
• stresses strategic choices and the art of building compelling substantive arguments
• focuses on briefs and motions
  • developing a theme
  • framing issues
  • isolating examples of specific arguments―doctrinal, textual, and policy
• example-based chapters show documents lawyers write most often (e-mails, letters, memos, motions, etc.)
• innovative layout
• contains the legendary Karl Llewellyn’s never-published “private and confidential” advice on written advocacy

Table of Contents:

Contents
Acknowledgments
Introduction
How to Get the Most from This Book

Part 1: Facts
Chapter 1 Facts: The Basics (Victims and Villains)
Chapter 2 Facts: Using a Case’s Procedural History to Help Your Client
Chapter 3 Facts: Advanced Techniques

Part 2: Arguments
Chapter 4 How to Build Arguments Based on Authorities
Chapter 5 Countering Your Adversary’s Arguments
Chapter 6 Applying Facts in Arguments
Chapter 7 Textual Arguments
Chapter 8 Arguments Based on Legislative History
Chapter 9 Policy Arguments
Chapter 10 Historical Arguments

Part 3: Other Issues Relating to Briefs
Chapter 11 Selecting and Organizing Arguments
Chapter 12 Questions Presented
Chapter 13 Introductions and Summaries of Argument
Chapter 14 Motions
Chapter 15 Specific Types of Appellate Briefs

Part 4: General Writing Advice
Chapter 16 The Writing Side of Legal Writing

Appendices
Appendix A Karl Llewellyn on Legal Advocacy
Appendix B Topic Sentences
Appendix C Monosyllabic Verbs
Appendix D Attribution of Examples
Index

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