The BriefCatch Podcast

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.

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.

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.

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.

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.

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.