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In Justice Kagan’s debut opinion, she imagined a debtor buying an old junkyard car “for a song.” Now, a decade later, writing better than ever, she’s penned an opinion about a Ford Explorer. Leave it to Kagan to adorn this specific-jurisdiction matter with rhythm and punch, intellectual tension, and even a touch of pathos.
Many lawyers find themselves retelling—or regurgitating—testimony from fact witnesses, expert witnesses, or both. The default mode is often as painful to write as it is to read. A witness “stated that.” And then, in the next sentence, the witness “further stated that.” If the writer is feeling feisty, a few
In one of the greatest patent cases of all time, Apple v. Samsung, Apple won a stunning billion-dollar verdict. But did Apple prevail on the writing front as well? Let’s see how many points each party racked up in the opening paragraph of its respective trial brief. Apple’s Opening Paragraph Samsung
When Chief Justice John Roberts was a lawyer, he once wrote that determining the “best” available technology for controlling air pollution is like asking people to pick the “best” car: “Mario Andretti may select a Ferrari; a college student a Volkswagen beetle; a family of six a minivan. The choices
With legal disputes, rarely does every fact favor the prevailing party. To present a compelling case while maintaining credibility, nod to bad facts and then neutralize them by controlling how they appear in context. One strategy is to embed unfavorable facts in Although clauses and then turn the reader’s attention
Writing is vital to every part of your legal career. BriefCatch empowers you to stand out above the rest.