Writing a winning brief, in three easy steps

The best way to become a good writer is to read a lot of good writing.  And to me there’s no better legal writing than that of Judge Ruggero Aldisert.

Judge Aldisert just published the third edition of his important and popular book on Opinion Writing (details from the catalog record copied below).  This third edition (listen up, law students) includes a new chapter on law clerk duties, an expanded treatment of trial court opinions, and new chapters on administrative law judges and arbitration procedures and opinions.

But, one might ask, how will a book on opinion writing help me write a winning brief?  The answer is found in what the good judge calls his “chambers mantra” — “writing a good opinion is the best training on how to write a good brief.”

And about those three steps.  Opinion Writing, 3rd edition includes three checklists (these checklists, alone, are worth the price of the book) on opinion writing that can be used in brief writing:

1. Writing it.

2. Testing it.

3. Shortening it.

The book asks:  Why use checklists for writing, testing and shortening an opinion?  The answer:  “Checklists ensure that you touch all the bases on your way to file a ‘home run’ opinion.”  These checklists are gold, pure gold.

Here’s the book’s description from our library catalog:

Opinion writing / Ruggero J. Aldisert.

Author/Creator:
        Aldisert, Ruggero J.

Language:
        English

Imprint:
        3rd ed.
        Durham, N.C. : Carolina Academic Press, c2012.

Bibliography:
        Includes bibliographical references and index.

Contents:
        Writing judicial opinions
        To write or not to write
        Reaching and justifying the decision : a distinction with a difference
        Judicial declaration of public policy
        The outline of your opinion
        Jurisdiction and standards of review
        Orientation paragraph
        Summary of issues
        Statement of facts
        Writing the reasons for the decision.

ISBN:
        9781611631234
        1611631238

Subjects:
        Legal composition.
        Judicial opinions > United States.

At the Library:
        Crown (Law) > Stacks 1
                KF250 .A35 2012
                KF250 .A35 2012
                KF250 .A35 2012

Bookmark: http://searchworks.stanford.edu/catalog/9699810

Yes, we have three copies.  Every law library should have at least that many, and law librarians should encourage their students, especially their students in law school clinics, to read and heed the judge’s insightful tips.

Full disclosure:  I met Judge Aldisert in 2008 when my daughter was serving as one of his law clerks.

A Brief History of Opinion Writing (the book)

There’s a new book that all law clerks and law clerk wannabees might want to read.  It is:  Opinion Writing, 2d edition by Judge  Ruggero J. Aldisert.

Ordering information can be found here.

West Publishing Co. commissioned Judge Aldisert (Chief Judge Emeritus, Senior U.S. Circuit Judge, U.S. Court of Appeals for the 3d Circuit) to write the book.  It was never sold but utilized by West as a public relations gesture. Despite never being made commercially available, there are 144 libraries in WorldCat that hold copies.  West sent the book to  all federal judges and to state appellate judges, and as new judges came on later each new judge received a copy.  This practice continued for over 15 years, but after West was bought by Thomson, the new owners decided a few years back to stop the practice.  Rights were transferred back to the judge and the second edition is being published by AuthorHouse.

Full disclosure:  My daughter clerked for Judge Aldisert and assisted with the production of the book.  So I know it’s really good!

From the publishers description:

This book is a guide to opinion writing. It is written for every judge at every level and for all law clerks. Every trial and appellate judge, including the author of this book, can profit by learning how to improve his or her work product. This book provides a tool to do just that. Separated into four parts – Theoretical Concepts Underlying an Opinion, The Anatomy of an Opinion, Writing Style and Opinion Writing Checklists – the second edition of Opinion Writing distills the author’s nearly 50 years of experience on the bench into a handbook on the judge’s craft.

And the price is right too:

Hard Cover: $29.95
Paperback: $19.95