Lawyers, Clients & Narrative


Book Description

This book is a new primary text for use in clinical, externship, legal writing, interviewing, negotiation, counseling, trial/appellate advocacy, and doctrinal courses. This text centers narrative theory as an effective way to teach law school courses and to practice the full range of lawyering skills. Using multimedia examples, as well as exercises drawn from actual lawyering situations, the book describes, explores, and analyzes the interrelationship between narrative and lawyering. The book addresses the broad spectrum of skills and practice areas and fora that the profession increasingly demands. The book contributes to the growing literature on professional identity formation with updated chapters on critical lawyering, anti-racism, and cultural humility, and expanded chapters on trial and other forms of oral advocacy. This is a comprehensive book for using narrative, stories, and storytelling to develop more fully and effectively as a lawyer. The book provides the theory and information for planning for, conducting, and reflecting on various lawyering activities. In addition, the authors make the teaching relatable and transferable to a variety of contexts by using concrete examples drawn from their own extensive practice, writing, and teaching using lawyering and narrative.




Storytelling for Lawyers


Book Description

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.




Law's Stories


Book Description

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.




Lawyers, Liars, and the Art of Storytelling


Book Description

The practice of law is the business of persuasion, and storytelling is the most effective means of persuading. A credible lawyer capable of telling a well-reasoned story that moves the listener will always beat the lawyer who cannot. This entertaining book shows you how to convey legal information in a cogent, persuasive way to the client who needs the help, to opposing counsel, and to the decision-maker who has to make the final call.




Tell the Client's Story


Book Description

ISBN: 978-1-63425-914-9 2017, 416 pages, 6 x 9, Paperback and E-Book Loaded with practical case studies, surveys, checklists, and appendices provided by top litigation experts from across the nation, Tell the Client's Story provides litigation teams the best strategies for effective mitigation work in criminal and capital cases. This book will benefit seasoned defense professionals, while also providing crucial guidance for attorneys and other professionals with limited or no experience in mitigation techniques.




Case of a Lifetime


Book Description

A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades. For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.




Client Science


Book Description

Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




The Lifer and the Lawyer


Book Description

It is true that some people are very damaged. It is not true that they are all unsalvageable. The Lifer and the Lawyer raises questions about childhood trauma, religion, race, the purpose of punishment, and a criminal justice system that requires harmless old men to die in prison. It is a true story about Michael Anderson, an aging African American man who grew up poor and abused on Chicago's south side and became a violent and predatory criminal. Anderson has now spent the last forty-three years in prison as a result of a 1978 crime spree that took place in southeastern Washington. The book describes his spiritual and moral transformation in prison and challenges society's assumption that he was an irredeemable monster. It also tells the story of the author's evolving relationship with Anderson that began in 1979 when Critchlow, a young white lawyer from a privileged background, was appointed to defend Anderson on twenty-two violent felony charges. For Anderson, this is a story about overcoming childhood trauma and learning how to empathize and love through faith and self-knowledge. For Critchlow, the story also raises questions about how we become who we are--about race, culture, and opportunity. Finally, the book is a revealing commentary on our criminal justice system's obsession with life sentences.




Client Earth


Book Description

Environmentally, our planet lacks the laws to keep it safe and those laws we do have are feebly enforced. Every new year is the hottest in human history, while forest, reef, ice, tundra, and species are disappearing forever. It is easy to lose all hope. Who will stop the planet from committing ecological suicide? The UN? Governments? Activists? Corporations? Engineers? Scientists? Whoever, environmental laws need to be enforceable and enforced. Step forward a fresh breed of passionately purposeful environmental lawyers. They provide new rules to legislatures, see that they are enforced, and keep us informed. They tackle big business to ensure money flows into cultural change, because money is the grammar of business just as science is the grammar of nature. At the head of this new legal army stands James Thornton, who takes governments to court, and wins. And his client is the Earth. With Client Earth, we travel from Poland to Ghana, from Alaska to China, to see how citizens can use public interest law to protect their planet. Foundations and philanthropists support the law group ClientEarth because they see, plainly and brightly, that the law is a force all parties recognize. Lawyers who take the Earth as their client are exceptional and inspirational. They give us back our hope. PRAISE FOR JAMES THORNTON AND MARTIN GOODMAN ‘Humanity's grace and dignity are restored each time a case is successfully brought and won … by these exceptional environmental lawyers.’ Sculpture