The BriefCatch Podcast

About The BriefCatch Podcast

Enjoy the latest tips on legal writing and legal tech! From the author of Point Made and Point Taken and the opinion-writing trainer for all new federal judges.

Publisher

BriefCatch

Category

business

Language

en

Explicit

No

First episode

13 Oct 2024

Latest episode

3 Jan 2025

Latest episodes

16 episodes in the feed.

1. 

   3 Jan 2025

   Working with Case Law: Analogizing

   Welcome to this episode of Point Made Masterclass by Ross Guberman, where we delve into using analogies from relevant case law to strengthen legal arguments. This episode takes a deep dive into chapters 17 through 22, offering insights into seven techniques aimed at making case law work more effectively for legal professionals. Learn how to present cases persuasively by leveraging tradition and history, creating parallels with favorable precedents, and weaving in powerful phrases from existing case law. Discover methods to intercept and counter opposing counsel's arguments and create a cohesive legal narrative using the art of synthesis. Join us as Ross Guberman explores common pitfalls in presenting case citations and provides strategic advice to avoid them, alongside real-world examples from celebrated legal practitioners. Enhance your legal strategy with these advanced techniques and ensure your points are made with precision and impact.

2. 

   11 Dec 2024

   First-Class Facts

   Welcome back to the BriefCatch Point Made Masterclass by Ross Guberman! In this episode, we delve into crafting captivating fact sections in motions and briefs by exploring Point Made chapters 5 through 11. This journey uncovers the nuanced art of creating panoramic shots that set the scene, embracing the powerful technique of "Show Not Tell," and utilizing strategic timing with "Once upon a Time." We explore the art of impactful headings or "Headliners" and the delicate balance of conceding bad facts, a technique referred to as the "Poker Face." Finally, we emphasize the importance of "Ending with a Bang" to leave a lasting impression. Our discussion includes masterful examples from renowned legal cases such as Terra Firma v. Citigroup, Enri Sunbeam Securities Litigation, and BMW v. Gore, illustrating essential techniques to engage and persuade. Powerful storytelling transforms legal writing from a dry recitation of facts into an engaging narrative, guiding the reader smoothly to the desired conclusions while maintaining clarity and conciseness. Join us as we uncover the toolkit that every legal writer needs to captivate their audience and redefine traditional legal writing.

3. 

   12 Nov 2024

   Adverbs on Trial

   Dive into the fascinating world of adverbs with expert Ross Guberman, as he navigates the often-debated "adverb wars" in legal writing. This episode explores how adverbs, often seen as the villains of grammar, can actually be powerful tools when used effectively.Discover Guberman's unique courtroom analogy, where adverbs are put on trial, featuring arguments from literary giants like Stephen King and linguists defending their necessity. Learn about the indispensable shorthand and frequency adverbs that can enhance clarity and precision in writing.Uncover the pitfalls of "guilty" adverbs, such as prop-up, rhetorical, and sentence adverbs, which can weaken your writing. Guberman's insights challenge you to rethink your language choices, emphasizing the importance of intentional and strategic adverb use.Whether you're drafting a legal brief, a report, or an email, this episode offers valuable tips on elevating your writing by asking one crucial question: Is this adverb really necessary?Join us for this engaging exploration of language, and see how understanding adverbs can transform your communication across various writing styles.

4. 

   5 Nov 2024

   Feeling Possessive?

   Welcome to the Deep Dive, where we explore the intricacies of language. In this episode, we unravel the surprisingly complex world of possessive nouns ending in 'S'. Our journey begins with a Supreme Court case, Kansas v. Marsh, which highlights the contentious nature of this grammatical point. Guided by an article from Brief Catch titled "Feeling Possessive", we delve into the longstanding debate between Ross's Rule and other style guides. Discover how renowned legal minds and style authorities like the Chicago Manual of Style, Strunk and White, and the Associated Press stylebook stand on this issue. From the legal realm to journalism, and even the nuanced approach of the New York Times, we explore various perspectives on forming possessives. Learn how context, pronunciation, and stylistic preferences influence the application of these rules. Join us as we navigate through these grammar intricacies, providing insights for anyone striving to write correctly. Whether for formal writing or casual communication, understanding these nuances can enhance clarity and effectiveness in language.

5. 

   1 Nov 2024

   Are Justified Right Margins Justified?

   In this episode, we delve into a surprisingly contentious topic in the legal world: the debate over justified versus unjustified right margins. It's the Boxers-or-Briefs? of legal writing, stirring strong opinions among experts. Join us as we explore survey insights from Ross Guberman's Legal Writing Advisory Panel, revealing a nearly even split on text alignment preferences. We discuss the classic appeal of justified text and its perceived professionalism, alongside typography expert Matthew Butterick's concerns about readability and awkward spacing. Discover practical tips for making informed formatting choices, considering your audience and document type. Learn about the nuances of justification algorithms and how they impact readability. Whether you're a fan of justified text or lean towards left alignment, we offer insights to help your writing shine. Engage with us on this typographic journey and share your thoughts on text alignment preferences. Dive into the art and science of typography, ensuring your formatting enhances, rather than distracts from, your message.

6. 

   31 Oct 2024

   The Safe Space for Citations: In Footnotes or in the Text?

   In this episode, we explore how the rise of digital reading is transforming judges' preferences for citations. Discover the compelling reasons behind the trend toward in-text citations over traditional footnotes, particularly as more judges read briefs on tablets and other digital devices. We present fresh data and expert opinions that reveal a shift in legal practices, highlighting how technology is reshaping judges' expectations for persuasive briefs. While footnotes have long been considered a staple for readability and clean layouts, the digital revolution is challenging these conventions, urging lawyers to adapt their writing styles. Join us as we examine the pros and cons of each approach and provide insights for legal professionals striving to make their arguments clear and compelling in the digital age. This episode offers valuable guidance on balancing tradition with modernity and staying ahead in the ever-changing legal world.

7. 

   30 Oct 2024

   The Oxford Comma Wars

   The BriefCatch Podcast: Oxford Comma Wars In this episode of Deep Dive, we explore the seemingly simple yet surprisingly controversial topic of the Oxford comma. While often debated among grammar enthusiasts and lawyers alike, the implications of this punctuation mark extend far beyond stylistic preferences, especially in the legal realm. We delve into fascinating research conducted by legal writing expert Ross Guberman, who surveyed top judges and lawyers about their stance on the Oxford comma. Discover how the support for this tiny punctuation mark has grown significantly, with 81% of judges now advocating for its use. Learn about the infamous O'Connor v. Oakhurst Dairy case, where the absence of an Oxford comma led to a $5 million legal battle, highlighting the importance of clarity in legal documents. We break down the arguments for and against the Oxford comma and discuss its role in preventing ambiguity and ensuring precision in legal writing. Whether you're a legal professional or simply curious about grammar, this episode reveals why the Oxford comma is more than just a stylistic choice—it's a crucial element in avoiding costly misunderstandings. Join us as we uncover the dramatic impact of the Oxford comma in the world of law.

8. 

   29 Oct 2024

   One Space or Two After Periods? Our Survey Says . . . .

   Welcome to an intriguing episode of The Deep Dive, where we explore a surprisingly heated debate in the legal world: one space or two after a period. This seemingly minor typographical choice has sparked real controversy among legal professionals. Join us as we uncover the preferences of top legal minds, from lawyers to judges, and provide insights from a fascinating survey of legal writing advisory panels. Discover how this debate reflects broader changes in legal writing, influenced by generational divides and influential style guides like the Chicago Manual of Style. Learn about the impact of technology on legal communication and how courts are responding to these shifts. From the subtle preferences of the U.S. Supreme Court to the steadfast rules of the U.S. Court of Appeals for the Seventh Circuit, we'll explore how this issue is playing out in the legal system. Whether you're a one-spacer or a two-spacer, find out why clarity and consistency are key in the ever-evolving world of legal writing. Tune in for an engaging discussion that reveals how something as small as a space can uncover significant insights into the legal profession. Stay adaptable, stay informed, and join us on this fascinating journey through the great spacing debate.

9. 

   23 Oct 2024

   Headliners: The Art of Fact Section Headings

   The Point Made Podcast Series Headliners: The Art of Fact Section Headings In this episode, we delve into the often-overlooked art of crafting persuasive headings in legal briefs. Join us as we explore how legal titans like Steve Susman and Seth Waxman transform headings into silent advocates for their cases, creating compelling narratives that captivate judges. Discover the secrets behind using fact-based headings to build a narrative, and learn how present tense verbs can add immediacy and engagement to your writing. We'll examine how shorter, punchy phrase-like headings can convey a lot of information concisely, and the importance of consistency throughout your brief. Uncover how strategically crafted headings can subtly frame issues in your favor, guiding a judge's attention to the key aspects of your argument. Whether you're a seasoned litigator or a law student, this episode offers valuable insights and techniques to elevate your legal writing and increase your chances of success in the courtroom.

10. 

    22 Oct 2024

    LWAP Survey Results

    Join us for a deep dive into the world of elite legal writing as we explore the insights and opinions of top judges and lawyers, with survey data collected by renowned legal writing expert Ross Guberman. Discover the stylistic choices and preferences that define the writing of these legal giants, from the Oxford comma debate to citation styles, and learn practical tips to refine your own writing habits. In this episode, we delve into the age-old debate of one space versus two spaces after a period, the importance of the Oxford comma, and the pros and cons of footnotes versus in-text citations. We also tackle the typographical choices of justified versus unjustified margins and explore the evolving use of contractions in legal writing. Explore the controversial Cleaned Up citation format and the potential future of hyperlinking in legal documents. Dive into the pet peeves and favorite stylistic choices of these legal minds, and uncover the words and phrases that make them cringe. Discover how clarity and conciseness remain the guiding principles of effective legal writing, and learn how to apply these insights to your own writing journey. Tune in for part one of our exploration into the nuances of legal writing, and join us next time as we continue to uncover more about this fascinating craft. Happy writing!

11. 

    22 Oct 2024

    7 Ways to Write Like Justice Kagan: A Case Study

    This article from BriefCatch analyzes Justice Kagan's writing style in Ford Motor Company v. Bandemer, identifying seven key elements that contribute to her persuasive writing. The article highlights her use of narrative techniques, respectful engagement with opposing arguments, varied sentence structures, and direct language. The authors also emphasize Kagan's ability to ground legal concepts in real-world scenarios, making her writing both accessible and impactful. Finally, the article notes her use of two conclusions, reinforcing central themes and leaving the reader with a lasting impression.

12. 

    21 Oct 2024

    Panoramic Shot: A Commanding Fact-Section Start

    The Point Made Podcast Series: Episode 5 Panoramic Shot: A Commanding Fact-Section StartThe opening of your fact section should do more than just list events—it needs to engage and frame the narrative. The Panoramic Shot technique allows you to set the stage, giving the reader a broader context that resonates with your theme. Whether it's a corporate dispute or a civil rights case, use the opening to draw readers into your story, leaving them curious about what’s next.Start with a neutral yet compelling fact that hints at the broader stakes—your readers will thank you for it.#LegalWriting #LitigationStrategy #LegalTech #Persuasion #Law

13. 

    19 Oct 2024

    Flashpoint: Does Your Intro Draw a Line in the Sand?

    Draw a Line in the Sand: Sharpening the Stakes of Your IntroIn your preliminary statement, sharpen the key issue clearly and decisively. By using the Flashpoint technique—drawing a clear contrast between two competing viewpoints—you can both simplify the case for the court and goad your opponent into arguing on your client’s terms. Whether it’s a pivotal civil rights case or a corporate dispute, framing the issue sharply can make all the difference. Make sure your argument highlights the core tension, so there’s no doubt about what's at stake.#LegalTech #Litigation #Persuasion

14. 

    16 Oct 2024

    Why Should I Care? How to Raise the Stakes of Your Motion

    The Point Made Podcast Series Why Should I Care? How to Raise the Stakes of Your MotionThe best preliminary statements make judges care about your case. Judges are not just umpires calling balls and strikes—they also care about the real-world effects of their decisions. To raise the stakes of your first paragraphs, ask yourself: “What would keep this judge up at night?” Whether it's the fear of creating unworkable precedents or encouraging bad behavior, lean on pragmatic arguments and common to show why ruling for your client is also the right thing to do.Even discovery battles have real-world practical consequences. Learn here how to up the ante in your motion's first lines. And while you're at it, for expert legal editing 24/7, try www.BriefCatch.com today! #LegalWriting #Law #Persuasion #LegalTech #LitigationStrategy

15. 

    15 Oct 2024

    The Short List: The Power of Numbering

    Number Your Path to Victory: The Power of Thoughtful Lists in Introductions Ever noticed how top advocates make their arguments irresistibly persuasive? They masterfully use numbered lists in their introductions to lead the reader through their key points. 📝 Why should you embrace this technique? 1️⃣ Focus on Substance: Go beyond generic statements. Instead of saying "the balance of equities favors us," specify why it does. 2️⃣ Enhance Clarity: A well-structured list highlights your main arguments, making it easier for judges (or any audience) to grasp your position quickly. 3️⃣ Drive Persuasion: Specific, numbered reasons are more compelling than broad assertions. They demonstrate thorough thinking and confidence in your case. Curious about how to implement this in your own writing? 🎙️ Tune into my latest podcast episode where I delve deeper into crafting impactful introductions using thoughtful enumerated lists. Let's elevate our advocacy by numbering our path to victory! #LegalWriting #AdvocacySkills #EffectiveCommunication

16. 

    13 Oct 2024

    Brass Tacks: The First Step to a Superb Intro

    Listen to this NotebookLM-generated episode on the first technique in Ross Guberman's bestselling Point Made: How to Write Like the Nation's Top Advocates! And check out BriefCatch to get his expert advice 24-7. Intros and preliminary statements often falter because lawyers dive straight into complex details without setting the stage. When drafting, always start by answering the "Brass Tacks" questions—who, what, when, where, why, and how. Imagine you're explaining the case to a friend over a drink. Clarity wins cases.For example, instead of overwhelming the court with jargon, take a deep breath and summarize your case like a journalist. It’s not about omitting details, but about making your case understandable and persuasive from the start.✨ Pro tip: The first 140 words should clearly set the stage. Be concise yet compelling .

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Apple Podcasts (US)

5.0 / 5

1 ratings

Podcast Authority Score: 35 / 100

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Quality

71

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0

YouTube

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