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The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers (Aspen Coursebook)
Ebook Download The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers (Aspen Coursebook)
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Product details
Series: Aspen Coursebook
Paperback: 300 pages
Publisher: Aspen Publishers; Aspen Coursebook edition (June 28, 2013)
Language: English
ISBN-10: 9781454818380
ISBN-13: 978-1454818380
ASIN: 1454818387
Product Dimensions:
7 x 0.8 x 10 inches
Shipping Weight: 1.2 pounds (View shipping rates and policies)
Average Customer Review:
4.8 out of 5 stars
39 customer reviews
Amazon Best Sellers Rank:
#204,204 in Books (See Top 100 in Books)
I received The Art of Advocacy earlier this week. I haven't finished it yet, but I've devoured much more of it than I thought I would so soon. I can tell already that it's going to be a mainstay on the bookshelf above my desk. In fact, it should be a mainstay on every litigator's bookshelf.I'm a senior associate in the litigation group of relatively large firm. I do quite a bit of motions briefing in my current gig. I'm an okay writer, and I've been lucky to be blessed by cases with good facts and law (which have led to several wins.) Despite that joy that comes from success, my biggest problem has always been that I find good written advocacy to be really, really difficult. It does not come naturally, and the anxiety/frustration that comes with wanting it to be perfect - but knowing that won't be easy - isn't very fun. This is the reason The Art of Advocacy has sucked me in.The book's style and format is different from any other advocacy text I've seen. And, I love it. Reading through the carefully selected examples has motivated me to dive back into writing projects, trying to emulate the techniques in the excerpts I just read. I imagine it's not unlike watching Michael Jordan highlights before heading out to the basketball court. Whether conscious or not, observing the best inspires you to go out and try to play the same way. (And, hopefully, make your effort a little bit stronger in the process.)So, well done Mr. Messing. You've done a very valuable thing here. This is a real resource, I expect it to overly dog-eared and highlighted in no time. This should be required reading for every lawyer -- from first year associates to partners. Buy it.
In a field in which effective practitioners MUST be good writers, this book is absolutely essential. I cannot recommend it highly enough for anyone looking to improve their legal writing.I wrote reasonably well before entering law school, so I assumed that I would have no trouble with legal writing. But it turns out that legal writing is hard. Lawyers work in an artificial world in which nearly everything is constrained—the available facts, the authoritative texts, the accepted argumentative forms. Even the structure of an argument is restricted by the court’s local rules. To write effectively, you can’t just navigate these obstacles; you have to actively use them to your advantage. Messing’s book teaches you how to do that at every turn.The book is outstanding in a number of ways, but three stood out to me.First, and most importantly, I wholeheartedly believe in Messing’s pedagogical approach: “the only good way to learn about writing is to read good writing.†That’s particularly true in a field as specialized and insular as law. Understanding the “principles†of effective writing is important, of course, but learning to write by learning rules is like learning how to hit a baseball by studying biomechanics. Messing’s lessons are built around meaty examples from top advocates, so you’re constantly exposed to exemplary work. You can’t help but pick up good habits.Second, the book shows that every aspect of a brief can and should be persuasive. Perhaps the most important thing I learned from the book is the power of facts. (That Messing dedicates three chapters to facts is telling.) There’s even a chapter on weaponizing your table of contents—something I had never considered before picking the book up.Third, while the excerpts are the book’s main attraction, Messing’s copious annotations are packed with useful information. Following his advice from the introduction, I read the examples first, ignoring the annotations. Then I returned for a second reading, this time including the annotations. I was consistently shocked by how little I noticed on my own. Subtle bits of advocacy were folded into every nook of the arguments. Without a veteran guide, it’s difficult to see what good lawyers are doing, or why they’re doing it. Messing breaks it down. At the same time, he doesn’t pull punches. When a lawyer slips up, Messing points it out, and explains how it could have been better.There are other things about the book that I appreciated. It’s simple and straightforward, but covers advanced strategies. The writing is excellent—as it should be in a book about writing! The organization and typesetting are smart and attractive, so the book is enjoyable to read.I could go on, but I won’t. This is a fantastic book. If you’re a law student, you owe it to yourself to read it. Even if you’re an experienced lawyer, I’d be shocked if this book didn’t help you improve your craft.(One note. I originally bought the Kindle edition, but the layout isn’t as good as the print version. Unless you’re trying to go fully digital, get a paper copy.)
Awesome! learned some great tips and trips.However, this book teaches more by showing examples of writing and using annotations to explain what the author of the book felt the author of the brief (or other writing) did correctly/effectively. I like this style way better than my "traditional" legal writing book that was assigned, but it may not be for you.We were assigned the book "Your Client's Story" for Legal Writing class. I didn't like that book and kept getting mediocre grades on assignments. So I bought this book and it helped a LOT!!1
Struggling through my first brief, I heard about this book form my 3L mentor. I'm glad I took his advice. Noah does a great job of distilling the most salient points in each excerpt and then categorizing them by theme. Rather than having to read through the whole book, whenever I'm in a tough spot, I simply jump to the relevant chapter. I've been told time and time again that learning to writing is exercise. Emulating the practices of great legal writers has been a great way to get my feet wet, thanks Noah!
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