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Garner's Guide to Making Briefs More Persuasive: Tip 2 - Plan every writing project by breaking


Here's another tip from Bryan A. Garner's The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts.

In his second tip, Garner recommends writing a brief in stages. He references the 'Flower Paradigm' - advocated by Betty S. Flowers in her article, Madman, Architect, Carpenter, Judge: Rules and the Writing Process.

1. The madman - take notes on possible approaches to a problem.

2. The architect - makes connections between the madman's idea and generates a linear outline.

3. The carpenter - builds the draft. Garner recommends that he write rapidly, leaving holes if necessary.

4. The judge - a critic with a sharp eye who doesn't create anything - don't think about him until the end of the process. The judge will perform quality control on the draft, looking to improve optimal work choice and so forth.


Sean O'Shea has more than 20 years of experience in the litigation support field with major law firms in New York and San Francisco.   He is an ACEDS Certified eDiscovery Specialist and a Relativity Certified Administrator.

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The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer.

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