In its ninth edition, Brief Writing and Oral Argument has been updated with a new section on legal writing and is revised throughout to integrate information on electronic legal research. Former Judge Edward D. Re and litigator Joseph Re lead the reader through each step of the legal writing and oral argument process highlighting and addressing the nuances of trial practice as only a veteran judge and lawyer can.
This book introduces young lawyers to the art of trial advocacy. The author provides a historical context and shares engaging stories of exemplary trial lawyers throughout history. He then walks the reader through the role and qualities of the trial lawyer and presents an in-depth primer on rhetoric and persuasion. Each stage of the trial is considered in depth with examples from real cases.
This book provides a deep dive into various aspects of voice and presentation including breath, resonance, articulation, inflection and shaping openings and closing for maximum impact on the jury. It is divided into five primary sections, Tuning Your Instrument, Catching Their Interest, Catching Their Heart, Amplifying Through Body Language and Gesture, and Applying Voice to Everyday Legal Situations. The pedagogical goal is to provide a training model that yields actual and lasting results for litigators and attorneys who want a wider range of story-telling skills to strengthen their success in and out of the courtroom. This book's contribution is the depth into which the authors go into the subject of voice and its relation to story-telling, providing a clear and tangible pathway to skill development and lasting transformation.
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.
Michael E. Tigar has distilled 30 years of litigating and studying effective advocates into this valuable book which contains critical keys to persuading jurors and judges. Starting with a brief background on classical rhetoric and persuasion theories, the author takes you step-by-step through the process of building your case and refining your presentation. The book includes transcripts of celebrated jury and court arguments, including those of famed advocate Edward Bennett Williams. "Most lawyers have, at one time or another, read the elegant and persuasive words of Daniel Webster, Abraham Lincoln, Mark Twain, Clarence Darrow. Many have studied the arguments of other great advocates in the common law tradition. What marks their arguments? What makes them memorable?" Michael E. Tigar
This updated edition is designed to help lawyers prepare clients for the very formal and unnatural "question-and-answer" environment. Written by ABA bestselling author and seasoned litigator Dan Small, this easy-to-read guide provides a systematic witness preparation process and offers strategies and "Ten Rules" to help make witnesses comfortable and effective in a wide range of witness scenarios.
How do lawyers sway jurors in the heat of a trial? Why do the best trial lawyers seem uncannily able to get the verdict they want? In answering these questions, folklorist Sam Schrager vindicates -- but with a twist -- the widespread belief that lawyers are actors who manipulate the truth. He shows that attorneys have no choice but to treat the jury trial, from beginning to end, as an artful performance: as story-telling combat in which victory most often goes to the man or woman who has superior control of craft. Drawn from fieldwork in the Philadelphia courts and at the Smithsonian Institution's American Trial Lawyers program, The Trial Lawyer's Art gives a remarkable, in-depth look at this craft of performance. It examines how lawyers exploit a case's dramatic potential, how they enact mythically potent themes, how they project personal authority, and how they use cultural identity -- their own and their opponents' racial, gender, class, and local affiliations -- all to make themselves and their stories persuasive to a jury. Schrager depicts the performance styles of some of the nation's most artful criminal and civil advocates: in Philadelphia, prosecutor Roger King, defender Robert Mozenter, and the legendary Cecil B. Moore; from around the country, such litigating stars as Roy Barrera, Penny Cooper, Jo Ann Harris, Tony Serra, and Michael Tigar. These lawyers reflect candidly on their courtroom calculations and share revealing "war stories" about their work. Integrating performance insights with evocative portrayals of unfolding trials, The Trial Lawyer's Art offers a no-holds-barred analysis of the place of skill versus evidence in the American justice system. In doing so, it raises vital questions about the moral challenges that legal and other professions now face and sheds new light on the role of stories in American life.
By far the most thorough and detailed of the books in the field, Trial Techniques and Trialsis a comprehensive yet concise handbook that covers all aspects of the trial process and provides excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more. Extensive examples are clustered into three groups: personal injury, commercial, and criminal for ease in finding particular areas of trial practice. Tom Mauet and Steve Easton, renowned for their skills both as writers and trial attorneys, break the trial process down into its critical components for better and quicker comprehension by students and practicing attorneys who have little or no trial experience. New to the Eleventh Edition: Updates regarding recent amendments to the Federal Rules of Evidence Additional emphasis on presenting evidence and argument visually, not just orally, for modern juries Coverage of additional aspects of trial including site visits and foundation battles over emails and other electronic communications Professors and students will benefit from: Integrated discussion of the strategy and psychology of persuasion--particularly regarding jury selection, opening statements, and closing arguments Numerous illustrations from tort cases, criminal cases, and commercial trials Broad and flexible examples that allow readers to focus on either the plaintiff's or the defendant's side of the case--or both Logical organization that follows the chronology of a trial process A companion website with additional examples, a trial notebook, and other tools for trial lawyers Video lectures about critical trial moments Video demonstrations of effective trial advocacy, including a complete jury trial Extensive supplemental materials available on the book's Connected Casebook resource page
In its first two editions The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluableguidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate canpresent.In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing.