"An Advocate Persuades introduces its reader to the role of the advocate and the tools of persuasion. This book, like its predecessor A Lawyer Writes, places the reader in the role of a first-year attorney. Now, that first-year attorney must draft a motion or appellate brief and then present an oral argument. With step-by-step explanations and numerous examples, An Advocate Persuades explains how to develop and refine trial-level and appellate arguments and then how to present those arguments orally. Speaking to its readers in a straightforward manner, An Advocate Persuades communicates both the theories and foundational skills of persuasion so that they will be retained for a lifetime of legal practice"--
Click here to view a side by side comparison of the first and second editions. The second edition of An Advocate Persuades is reorganized into four parts: (1) Introduction to Advocacy; (2) Developing Arguments from a Persuasive Perspective; (3) Constructing Persuasive Court Documents (both at the trial and appellate level); and (4) Oral Argument (both at the trial and appellate level). The book also has an expanded appendix, which provides an overview of trial and appellate litigation in both civil and criminal cases, annotated trial and appellate briefs, and advice about moot court competitions. The book's first part, an Introduction to Advocacy, provides an overview of the nature of persuasion generally and the core ethical standards that an advocate is required to follow. The second part focuses on the heart of persuasive advocacy--developing persuasive arguments. This part provides easy-to-follow, step-by-step advice that students can rely on whether they are drafting a trial motion or appellate brief. The advice is provided in five chapters: Chapter 3, Organizing Claims and Arguments; Chapter 4, Themes for Persuasive Arguments; Chapter 5, Drafting Persuasive Arguments; Chapter 6, Refining Persuasive Arguments; and Chapter 7, Editing Persuasive Arguments. The content in these chapters has been significantly revised to provide detailed coverage in a practical and accessible format. The chapters incorporate lists, checklists, graphics, charts, and updated, annotated examples to aid students' understanding of the concepts and theories described. The third part, Constructing Persuasive Court Documents, describes the court documents through which attorneys present their persuasive arguments. It starts with Chapter 8, Trial Motions & Motion Practice, which focuses on trial practice, trial court motions, and supporting memoranda. Chapter 9, Appellate Briefs & Appellate Practice, introduces readers to the world of appellate courts by explaining the appellate process, the relevant players, standards of review, and how to draft various components of the appellate brief. Finally, Chapter 10, Statements of Fact and of the Case, describes how to construct a persuasive recitation of facts, focusing on which facts to include and how to present them in the light most favorable to the drafter's client. Each chapter provides numerous annotated examples, allowing the reader to see both effective and ineffective techniques. The fourth part, Oral Argument, now consists of five subsections designed to demystify the process of oral argument. These sections provide students the step-by-step guidance they need whether arguing before a trial or appellate court. The five sections are (1) The Purpose of Oral Argument; (2) Preparing for Oral Argument; (3) Presenting Oral Argument; (4) Trial Courts vs. Appellate Courts; and (5) Remote Oral Arguments. The newly created fifth section provides students with instruction and practical advice for presenting oral argument remotely. The second edition of An Advocate Persuades aims to provide clear and concrete instruction about each facet of the persuasive writing and oral argument process in a logical order consistent with how an advocate will typically perform the tasks. The text's practical approach to theory, coupled with insightful examples, will enable readers to transfer their understanding to real-life legal settings. With straightforward advice, informative graphics, and an accessible layout, this text will be useful both to students in the classroom and to lawyers already in legal practice.
Introduction to Legal Research Basic Conceptual Issues The Oxford Advanced Learner's Dictionary defines research as "a careful study of a subject, especially to find or discover new facts about it." As a result, research entails gathering data for a specific purpose, which typically dictates the kind of research conducted and the methods used. In a similar vein, legal research would entail gathering legal materials with the intention of uncovering new information that would add to the body of knowledge on a particular legal subject or field.
Learn how to respond to a judge's questions directly and persuasively. Written by a trial judge, this book offers practical advice and thoughtfull, analysis that will help you answer questions effectively. that will help you answer questions effectively.
From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.
