Quips About Legal Writing in Appeals

On 20 February 2010, in Appellate Advocacy, Persuasion, by Peter Smythe

Recently I pic­ked up Making Your Case — The Art of Per­sua­ding Jud­ges and plan to write a short review on it later on. One of the best things about the book (maybe the best thing) is the inset quo­ta­tions found throughout the chap­ters. Here are a few: [T]here can be said to be three kinds of author. […]

Recently I pic­ked up Making Your Case — The Art of Per­sua­ding Jud­ges and plan to write a short review on it later on. One of the best things about the book (maybe the best thing) is the inset quo­ta­tions found throughout the chap­ters. Here are a few:

[T]here can be said to be three kinds of author. Firstly, there are those who write without thin­king. They write from memory, from remi­nis­cence, or even directly from other people’s books. This class is the most nume­rous. Secondly, there are those who think while wri­ting. They think in order to write. Very com­mon. Thirdly, there are those who have thought before they star­ted wri­ting. They write simply because they have thought. Rare. —Arthur Schopenhauer

All the care­ful stra­tegy in the world will be of no assis­tance to you unless you write clearly and for­ce­fully. And cla­rity and power are above all the fruit of sim­pli­city. —Hon. Irving R. Kaufman

[T]here is in every case a car­di­nal point around which les­ser points revolve like pla­nets around the sun, or even as dead moons around a pla­net; a cen­tral for­tress which if strongly held will make the loss of all the out­works imma­te­rial. —John W. Davis

The notion that the facts, whether sim­ple or com­pli­ca­ted, speak for them­sel­ves is sheer non­sense. In rea­lity, there are as many ways of telling the story of any case as there are fleas on a dog. Subt­le­ties of arran­ge­ment and empha­sis; the selec­tion of par­ti­cu­lar words or phra­ses; and innu­me­ra­ble little twists and turns all play their sig­ni­fi­cant part and are worthy of study. —Harold R. Medina

Length dis­sol­ves vehe­mence, and a more for­ce­ful effect is attai­ned where much is said in a few words.… Bre­vity is so use­ful in … style that it is often more for­ce­ful not to say something. —Demetrius

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