Ross Guberman - Point Made - How to Write Like the Nations Top Advocates

POINT MADE

How to Write Like the Nations Top Advocates

SECOND EDITION

Ross Guberman

Oxford University Press is a department of the University of Oxford. It furthers the Universitys
objective of excellence in research, scholarship, and education by publishing worldwide.

Oxford New York
Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid
Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto

With offices in
Argentina Austria Brazil Chile Czech Republic France Greece
Guatemala Hungary Italy Japan Poland Portugal Singapore South Korea
Switzerland Thailand Turkey Ukraine Vietnam

Oxford is a registered trade mark of Oxford University Press in the UK and certain other countries.

Published in the United States of America by
Oxford University Press
198 Madison Avenue, New York, NY 10016

Oxford University Press 2014

All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted, in any form or by any means, without the prior permission in writing
of Oxford University Press, or as expressly permitted by law, by license, or under terms
agreed with the appropriate reproduction rights organization. Inquiries concerning
reproduction outside the scope of the above should be sent to the Rights Department,
Oxford University Press, at the address above.

You must not circulate this work in any other form

and you must impose this same condition on any acquirer.

Library of Congress Cataloging-in-Publication Data

Guberman, Ross
Point made : how to write like the nations top advocates / Ross Guberman.Second edition.
pages cm

Includes bibliographical references and index.

ISBN 978-0-19-994385-2 ((pbk.) : alk. paper)

1. Legal briefsUnited States. 2. Legal composition. I. Title.

KF251.G83 2014

808.06634dc23

2013028579

9 8 7 6 5 4 3 2 1

Printed in the United States of America on acid-free paper

Note to Readers

This publication is designed to provide accurate and authoritative information in regard to
the subject matter covered. It is based upon sources believed to be accurate and reliable and is
intended to be current as of the time it was written. It is sold with the understanding that the
publisher is not engaged in rendering legal, accounting, or other professional services. If legal
advice or other expert assistance is required, the services of a competent professional person
should be sought. Also, to confirm that the information has not been affected or changed by
recent developments, traditional legal research techniques should be used, including checking
primary sources where appropriate.

(Based on the Declaration of Principles jointly adopted by a Committee of the
American Bar Association and a Committee of Publishers and Associations.)

You may order this or any other Oxford University Press publication
by visiting the Oxford University Press website at www.oup.com.

To Heidi, Sean, and Meghan

.

.

.

.

.

.

.

.

.

If it reads easy, it wrote hard.

That age-old writing advice is as true for lawyers as for anyone, but surely writing a brief isnt like running on a treadmill, with its clean line between sweat and calories burned.

Writing a brief hard requires smart work, not working-just-to-work. In my first edition of Point Made, I tried to turn the smart work of brief-writing into fifty concrete techniques.

The reaction to that first edition has been deeply satisfying. Ive heard from lawyers and judges all over the world, from Boise, Idaho, to the outer reaches of Bhutan and India. Ive reaffirmed my sense that busy lawyers clamor for a step-by-step approach to great advocacy writingand that busy judges seek help explaining what makes a brief an easy read.

Ive also been privileged to speak about the book on three continents and to learn from those audiences what my readers want and need. Although I couldnt integrate every suggestion into this new edition, youll find a fuller and richer book this second time around.

In just two short years, some of the original fifty advocates profiled have taken on exciting new titles, and others have passed away. In addition to newer examples from the original fifty, Im excited to introduce eight new lawyers as well, from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosenkranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinivasan.

Youll also find provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases.

Three other innovations were suggested by my readers.

First, youll find much more commentary on the examples themselves, including dozens of style and grammar tips throughout. Ive also added more context for some of the examples.

Second, Ive expanded the list of transition words and phrases, and Ive included a new list of 50 zinger verbs.

And third, for those who seek to improve their advocacy skills and for those who simply want a step-by-step guide to making a good brief better, Ive ended the book with an all-new set of fifty writing challenges corresponding to the fifty techniques.

On top of the many people I thanked in the first edition, Id like to thank all the firms, courts, agencies, and governments that have invited me to speak about the book as well as the thousands of lawyers who have shared their thoughts and experiences. I am also grateful for Nichole Bests excellent research assistance, for Daniel Baker and Karin Cianos fantastic work on the rewrite, and for Noah Messings helpful comments on the entire first edition.

Happy writingand reading!

A book like this reflects decades of friends, mentors, and influences.

I am grateful to Oxford University Press, particularly to Matt Gallaway for approaching me to write the book and for his sustained support throughout.

I am lucky to have studied writing and the law at such great institutions as Yale University and the University of Chicago Law School. I should also thank the George Washington University Law School for giving me an academic platform and a chance to interact with such motivated and talented law students over the years.

Many people have influenced my own writing and my thinking about writing. My early years as a book translator and editor were superb training, so I thank Jennifer Crewe at Columbia University Press. On the feature-writing side, I learned much from literary agent Lynn Chu and from the Washingtonians Jack Limpert and Bill OSullivan. On the legal-writing front, thanks go to Professor C. J. Peters, Judge James Holderman, Judge Henry Coke Morgan, Laura Klaus, and Rob Saunders, all early influences on how I think about advocacy.

I am grateful for my hundreds of Legal Writing Pro clients. And I must also thank the tens of thousands of attorneys and judges who have attended my workshops, shared their experiences, and inspired me to refine my views.

So many people helped with the book itself. I am especially grateful to my close friends Joe Luzzi and Andrew Stewart. Hats off as well to Robert Fiske, John Hayden, Sue Irion, Shannon MacMichael, Gaye Mara, Steve Mullery, Ashley Parrish, Dan Schweitzer, and Wayne Schiess, just to name a few. The Legal Writing Pro team of Ben Olson, Ellen Callinan, Katie White, and Megan Rogers was of great help as well. And my familyHeidi, Sean, and Meghangave me needed support and perspective throughout.