Browse the Articles in the BriefCatch Content Library!
Welcome to the BriefCatch Content Library, a brand-new repository of insight and innovation for legal professionals, scholars, and enthusiasts. In this Library, we are excited to present a comprehensive collection of articles authored by the renowned legal writing expert, Ross Guberman.
The articles included in the BriefCatch Content Library span across an array of topics, including persuasive legal writing, strategic argument structure, and innovative rhetoric. These pieces are not just theoretical discussions, but practical guides that are infused with illustrative examples, tips, and tricks that have proven successful in practice. Every piece is a potential masterclass in legal writing.
Browse our articles below. Happy reading, learning, and growing with BriefCatch!
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Appellate hotshots from Hogan Lovells and Mayer Brown won a Second Circuit reversal of an order allowing Revlon to keep $500 million that Citi had accidentally wired to its account. Talk about a return on investment! According to my math, their brief was worth about $10 million a page. Here are five
I used to think that rhetorical questions in briefs were pompous, if not offensive. I shuddered at the thought of a lawyer penning this rhetorical question from Justice Scalia’s dissent in PGA v. Martin, the case about whether disabled golfer Casey Martin should be allowed to use a golf cart during
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
Justices Scalia and Kagan once joined forces on deer-hunting trips. They share the same gift for writing as well. In only a few years’ time, Kagan’s engaging yet biting opinions have astonished a once-skeptical Left—and have catapulted her to the top of the liberal bloc, if not the entire Court. How does
Here are two passages from a recent Supreme Court case called Already LLC v. Nike. Guess which Justice wrote each. Passage One: This brief, separate concurrence is written to underscore that covenants like the one Nike filed here ought not to be taken as an automatic means for the party who first
It’s a new school year, and the economy’s on the uptick! With change in the air, let’s try to solve three of the most common legal-writing mistakes. Mistake 1: The opening of the document is topical or circular, not substantive. What goes wrong. Although nearly all legal documents start with a
Want to lighten your prose? Hunt for phrases that often clutter the page. Let’s consider three such phrases from filings in the Scooter Libby case. 1. There Is, There Are Original: Indeed, there exist documents, some of which have been provided to defendant, and there were conversations in which defendant participated, that reveal a strong
The Delaware Supreme Court reprimanded a lawyer for “disruptive, disrespectful, degrading, [and] disparaging rhetoric.” As the court put it, “[l]awyers are not free, like loose cannons, to fire at will upon any target of opportunity.” Here are three takeaways you should be aware of: 1. Avoid Comparing Parties to Animals of
Fretting over Plain English? Just pick up one of Warren Buffett’s annual reports for Berkshire Hathaway. Buffett’s clear, fresh style is one reason the SEC invited him to write the preface to its Plain English Handbook. In a speech at the National Press Club, former SEC Chairman Arthur Levitt explained how
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