Winning on Appeal: Better Briefs and Oral Argument

The book came in great shape. It is full of practical advice about writing a appellate brief from a judge's perspective.

As I've stated before, I am not a lawyer, law student, or other legal professional. I'm a guy who got involved in a contract dispute with the State, and this took me from an agency hearing through a judicial review in district court. Along the way, I found some great books which helped me understand how to cast my arguments in the proper legal fashion; terminology and cases are only part of this. The other big part of this is the legal writing, and I found 2 books which I really enjoyed. Judge Aldisert's book is one; the other is Wilson Huhn's "The Five Types of Legal Argument". I found both of these books to have very accessible information which simply made sense, and I believe that lawyers would do well to read them as a means of making good briefs even better and more compelling. The title of the review--"Fascinating, Well-Written, To-the-Point"--is really what Judge Aldisert is trying to get his reader to create, in terms of briefs. He begins by pointing out that very few cases are granted an appel, and even fewer win, but that the key to both can be compelling briefs. He notes that the appellate judge is besieged by all manner of briefs requesting some sort of appellate relief/hearing, and that "you" need to stand out, if possible. Since Aldisert is "Senior United States Circuit Judge" and Chief Judge Emeritus of the United States Court of Appeals, Third Circuit, he clearly knows whereof he speaks. SO LISTEN! LEARN! READ THIS BOOK! :-) He gives his own views re: mistakes most often made in such situations, what he likes and doesn't like, and what his polling of other similarly-situated jurists has shown. He talks quite plainly about what sort of writing gets the job done and what does not, and has _many_ helpful tips about how to frame a brief as a more coherent whole, etc. The information is easy to read and not filled with filler material which might characterize such a book. It is real and seems to make a lot of sense as well as be useful. The National Institute for Trial Advocacy is the publisher, so that should tell you something. I used Judge Aldisert's tips and ideas in my drafts of briefs for the judicial review of a State agency in which I was embroiled. I believe that a lawyer engaged in such work would find these ideas different from what he is used to, but that they would prove their effectiveness upon incorporation into the lawyer's "product", the brief. Aldisert is easy-to-read, funny at times, but full of real, practical wisdom drawn from reading far too many bad briefs and far too few good ones. At the very least, if you were to appear before him, you would want to have prepared a brief in which he would recognize the imprint of his ideas, to show that you have at least known your audience and tried to attain the level of writing which he would love to read every day. Give it a try. I think you'll find his perspective authoritative, fresh, and rewarding. I also believe that it will challenge you to

From high school through law school I've been subjected to many books on writing. It always seemed counterintuitive to me. Reading about writing made about as much sense as reading how to play basketball. Your time is much better spent on the court. This is the only book on writing I've ever found valuable. In fact, I found it so valuable that I've decided to write a five-star review. Judge Aldisert really gives you a look inside of a Judge's mind. He provides insight into effective advocacy as well as the technical requirements of an appellate brief. Aldisert devotes a chapter to each section of the brief, including the Statement of Issues, Statement of Facts, Summary of the Argument, and more. Near the end he also provides some great tips for oral advocacy including both presentation and preparation. Judge Aldisert masterfully blends his own views with commentary from a wide array of legal practicioners, judges, and scholars. You really get a feel for the legal community and not just Judge Aldisert. He also does a great job of including excerpts from briefs to drive his points home. He manages to pick just the right handful of sentences to serve his purposes. I really can't recommend this book enough!

If you are preparing a brief for appeals court, or if you are a law student preparing for moot court, you need this book. There is a 3 page list of the common errors made in briefs that should be torn out and mounted to your computer as you are writing. The book is written by Judge Aldisert and teaches you how to "catch" the judge, who is too busy to deal with your shortcomings in writing. Very worthwhile reading.