Art of Advocacy


Book Description

The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn’s previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the “best advice on legal writing I’ve ever seen.” Features Compiles more than 150 examples of masterfully written legal advocacy and analysis Succinct introductory text presents the facts of each case Detailed annotations by the author highlight How to tell your client’s story How to build and counter six types of legal argument How to organize your arguments How to develop a theme Excerpts from high-interest cases, such as The battle over “Obamacare” A massive copyright suit involving YouTube BP’s oil spill in the Gulf of Mexico Facebook’s infamous feud with the Winklevoss twins Apple’s billion-dollar patent dispute with Samsung Lance Armstrong’s attempt to retain his Tour de France titles Major cases involving gay rights and affirmative action For year-long courses, a stellar option for second-semester students Perfect for practicing litigators who want to see a playbook of moves and strategies from top lawyers and from major cases Stresses strategic choices and the art of building compelling substantive arguments Focuses on briefs and motions Developing a theme Framing issues Isolates examples of specific arguments—doctrinal, textual, legislative history policy, and so on Innovative layout




The Art of Oral Advocacy


Book Description

This book reveals the inside secrets from one of the country's leading Supreme Court advocates about how to prepare to argue in court. Chapters in this book address organizing an approach to preparation, handling the wide range of questions judges ask, honing openings, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases. It is ideal for first-year writing and advocacy programs, for upper-level appellate advocacy courses and clinics, for moot court competitions, and as a review resource for attorneys.




The Art of Advocacy in International Arbitration


Book Description

Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.




Point Well Made


Book Description

Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made:Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made. Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage. In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys. The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide. Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.




Making Your Case


Book Description

In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.




The Art of Oral Advocacy


Book Description

Chapters include beginning preparation, answering questions, advanced preparation techniques, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases. It is ideal for first-year writing and advocacy programs, upper-level appellate advocacy courses and clinics, moot court competitions, and as a review resource for attorneys.







The Winning Oral Argument


Book Description

In this eminently browsable book, Bryan A. Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from a dazzling array of sources, ancient and modern. Novices and veterans alike will find helpful advice in these pages, which systematically explain the subtleties of the art more lucidly than any previous work has done.




Articulate Advocate


Book Description

An advocate may know what to say but is only effective when he or she knows how to be persuasive. Combining fact with know-how to persuade judges, juries, and arbitrator, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, grab and hold the fact finder's attention, gesture while speaking, speaking in phrases, and polishing the persuasive style. Based on 25 years of experience from coaching practitioners, this guide integrates cutting edge discoveries in human factors, gesture studies, linguistics, neuroscience, and sports psychology to give litigators a competitive edge. This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals.




Tongue-Tied America


Book Description

A brief, practical text that focuses on the art of speaking persuasively. A discretionary purchase for law students, business school students, lawyers, and other professionals, this text compliments any course covering persuasion, trials, appellate advocacy, and any clinical program with an oral component. New to the Third Edition: Porter v. Donnelly Case File: With these materials, readers can practice making opening statements, closing arguments, examining witnesses, and making arguments to a court. Exercises at the end of each chapter to help you master new skills. Expanded historical examples of effective and ineffective speeches. Analysis of how social media has affected verbal persuasion, the dangers of propaganda, and the roles of facts and emotions in effective rhetoric. Professors and students will benefit from: This book offers a practical, easy-to-understand approach to improve your public speaking. The lessons are derived from the best teachings of classical rhetoric, psychology, law, and the theater. Readers are exposed to concrete lessons in topics such as how to write an effective verbal presentation, how to create and use memorable visual aids, how to improve physical delivery and stage presence, vocal exercises, and techniques to conquer stage fright. The book also explores how to speak effectively in a world dominated by social media and in today’s political climate. This book is suitable for a trial practice class because includes a complete case file for the trial of Porter v. Donnelly. However, it exceeds the offerings of a typical case file because readers are not simply learning the nuts and bolts of trial practice exercises; instead, they are asked to view each of those exercises through the lens of rhetoric.