Quips About Legal Writing in Appeals

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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