“Writing the Brief,” Excerpts From Scalia’s New Book

At the  ABA Journal (via Bashman), there are some pretty extensive excepts from Justice Antonin Scalia’s and Bryan Garner’s new book, Writing the Brief.

It’s really quite good, and definitely worth a read.  Just a quick quote that I really enjoyed:

Whatever else you do when confronted by a hostile and unreasonable judge, don’t reply in kind. Don’t become hostile yourself; don’t display anger, annoyance or impatience. Keep telling yourself that you owe it to your client—because you do.

Even so, lawyers are entitled to take great delight in the wonderful comeuppances to judicial boorishness that some of their more rash predecessors have devised. Our favorite was also a favorite of Justice Robert H. Jackson. A noted barrister, F.E. Smith, had argued at some length in an English court when the judge leaned over the bench and said: “I have read your case, Mr. Smith, and I am no wiser than I was when I started.”

To which the barrister replied: “Possibly not, My Lord, but far better informed.” Smith, who later became a famous judge as the Earl of Birkenhead, could reportedly carry off such snappy rejoinders with impunity.

Go read the entire excerpt.  You may even want to buy the book!


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2 thoughts on ““Writing the Brief,” Excerpts From Scalia’s New Book

  1. Kathleen

    Good to know about and thanks for the tip. I have a treatise which is also very informative, by a circuit judge: Hon. Ruggero J. Aldisert, Judge Emeritus, U. S. Court of Appeals 3rd Circuit, Winning on Appeal – Better Briefs and Oral Argument [National Institute for Trial Advocacy, Notre Dame IN, 2nd Ed., 2003].

    I enjoy running across references to Justice Jackson because he was a hinterlands lawyer. Jamestown, NY, Chautauqua County. A long way from Nassau.

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