Point Taken: How To Write Like the World's Best Judges by Ross Guberman | 2015

Point Taken: How To Write Like the World's Best Judges by Ross Guberman | 2015

In Point Taken, Ross Guberman examines the techniques used by some of the most accomplished judicial writers and presents a practical, step-by-step approach to improving legal writing. Drawing on numerous cases and opinions from 35 influential judges, ranging from Learned Hand to Antonin Scalia, Guberman explores how the principles of exceptional judicial writing can be applied to produce writing that is clear, engaging, and effective.

Guberman begins by discussing how to construct strong and efficient openings that establish the context for the reader. He considers the advantages and disadvantages of resolving legal issues at the outset and examines whether highly structured syllogistic openings should sometimes give way to greater depth, nuance, and richness. He also presents techniques for eliminating unnecessary material, providing useful background, highlighting important points, developing a narrative voice, and using visual cues to help readers navigate an opinion.

The book then focuses on the organization and progression of legal analysis. Guberman introduces methods for structuring discussions at the broader level, including the effective use of headings, authorities, footnotes, and transitions. He also presents his style “Must Haves,” which consist of numerous word- and sentence-level techniques designed to make judicial opinions more forceful, engaging, varied, confident, and readable.

In addition, Guberman identifies several “Nice to Haves,” such as metaphors, similes, examples, analogies, allusions, and other rhetorical devices that can add depth and interest to legal writing. He concludes by examining the challenges of writing dissents and identifying effective approaches to dissents grounded in facts, legal doctrine, or policy considerations.

The appendix supplements the discussion with a practical checklist of writing tips, along with brief biographies of the 35 judges whose work is featured throughout the book.

Key features of Point Taken: How To Write Like the World's Best Judges by Ross Guberman:

• Expert authorship: Written by Ross Guberman, a respected legal practitioner, educator, and consultant with extensive experience, and the author of the bestselling Point Made.

• Practical, step-by-step approach: Examines the techniques of outstanding judicial writers and translates them into a practical method supported by engaging and thought-provoking examples.

• Insights from leading judges: Draws on a wide range of cases and judicial opinions written by 35 prominent judges, including figures such as Learned Hand and Antonin Scalia.

• From judicial writing to effective writing: Explores how the principles that make judicial opinions exceptional can be applied to create writing that is clear, persuasive, engaging, and impactful.

• Techniques for clarity and organization: Provides strategies for removing unnecessary material, supplying relevant context, highlighting important ideas, developing a compelling narrative voice, and using visual elements to improve readability.

• Sentence- and word-level techniques: Offers numerous editing strategies that strengthen language, improve style, and make legal opinions more dynamic, varied, confident, and enjoyable to read.

• Guidance on writing dissents: Examines the challenges of dissenting opinions and identifies effective approaches for developing dissents based on facts, legal doctrine, and policy considerations.

• Practical appendix: Includes a useful checklist of writing and editing tips, together with brief biographies of the 35 judges featured in the book.

Table of Contents of Point Taken: How To Write Like the World's Best Judges by Ross Guberman

Introduction
Part I. Set the Stage: The Opening
Part II. The Tale: The Facts
Part III. The Meat: The Legal Analysis
Part IV. The Words: Style "Must-Haves"
Part V. The Words: "Nice-to-Haves" in Style
Part VI. Dissents: The Road Not Traveled
Part VII. Appendices
Biographies
Practice Pointers
Index

About The Author:

Ross Guberman serves as the president of Legal Writing Pro. He has delivered more than 1,000 workshops across three continents, traveling from Alaska to Paris and Hong Kong to provide training for some of the world’s largest and most distinguished law firms, as well as judges, courts, corporations, and government agencies. He has presented at numerous judicial conferences, trained both newly appointed and experienced federal judges, and collaborated with judges in various countries.

Mr. Guberman is an alumnus of Yale University, the Sorbonne, and the University of Chicago Law School. He co-authored Deal Struck: The World’s Best Drafting Tips (Legal Writing Pro Press, 2014) and authored Point Made: How to Write Like the Nation’s Top Advocates, which is currently in its second edition (Oxford University Press, 2014).

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