Aspen Publishing

The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers

Noah A. Messing


  • ISBN: 9781454818380

New print textbook PLUS lifetime access to the ebook, outline tool, and other resources at Access code for digital components included inside print book.

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  • Description

    Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks.

    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 Writing contains 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.

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  • Additional Product Details
    Publication Date: 6/28/2013
    Copyright: 2013
    Pages: 336
    Connected eBook + Print book: 9781454818380
    Connected eBook: 9781543850215

    Summary of Contents

    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

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

  • Author Information

    Noah Messing

    Noah Messing is Yale Law School's Lecturer in the Practice of Law and Legal Writing. He graduated in 2000 from Yale Law School, where he was a Coker Fellow. While at Yale, he received the Benjamin Cardozo Prize and the Potter Stewart Prize in the Morris Tyler Moot Court of Appeals program; those prizes are awarded, respectively, for the year’s best moot court brief and to the team that wins the Spring semester moot court competition. Following graduation, Noah worked as a trial and appellate litigator in Washington D.C., as Counsel to Senator Hillary Rodham Clinton, and as Associate Counsel to the Hillary Clinton for President campaign.