Based upon the text of a seminar devised by the author which has been widely acclaimed as a breakthrough in the teaching and learning of advocacy. It is based on the personal experience of the author and has been described as invaluable as a review for the experienced advocate.;Keith Evans isa member of the English and California Bars and a former head of London Chambers.
Global Arbitration Review's Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration, featuring unique insight from well-known arbitrators on advocacy. The fully revised Second Edition is a useful tool for junior lawyers who wish to develop their advocacy skills, as well as a manual for civil trained lawyers who would like to feel more at ease with cross-examination as it breaks the arbitral process into key steps and explains the advocacy "e;opportunity"e; that each represents (focusing on the principles at work rather than specifics).Woven throughout are gems from big name arbitrators - tips, complaints, musings and reminiscences - providing a new, 360-degree view of written and oral submissions.The Second Edition contains several new chapters and a fresh tranche of arbitrator contributions.While the first edition covers the basics through chapters on, inter alia, written submissions, cross-examination, opening submissions and closing arguments, this second edition delves deeper by exploring 'Cultural Considerations in Advocacy'. These are aimed at advocates raised within a particular national or regional style who wish to know what adjustments to make when in the international mileu; and vice versa. These chapters contain observations of help when some of the players in the arbitration - be they arbitrators, opponents or others - hale from Asia, Latin America, United States or the UK.
A Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.
This book not only offers a practical and comprehensive guide to effective written advocacy, but provides worked examples drawn from real cases contributed from today's leading and highly successful advocates.
At the core of being a trial lawyer is a working knowledge of the rules of evidence: how to get evidence admitted or kept out in a contested trial or hearing. Procedures to authenticate exhibits are the building blocks of any case, and objections and their responses are the mortar. The Family Law Trial Evidence Handbook is a common sense guide to these fundamentals. Based upon the author's years of family law practice and from his teaching experience at the ABA Family Law Trial Advocacy Institute, this handbook is organized in a practical format that can work for all family law trial lawyers, regardless of whether they practice in a state that uses a variation on the Federal Rules or a common law body of rules on evidence. It combines the substantive knowledge critical to assist family lawyers understand the concepts and theories of evidence with a supremely useful format that ensures that the necessary information can be located and absorbed quickly. Topics include: The fundamentals of evidence Relevance Evidence of character and habit Hearsay and hearsay exceptions Judicial notice and presumptions Authentication of writings and other tangible evidence Original writing rule and the rule of completeness Competency of witnesses Evidentiary privileges Expert witnesses Examination of witnesses Tendering exhibits, objections, and offers of proof Procedures for streamlining admission of evidence Requests to admit facts and genuineness of documents Judges identify lawyers who can try cases well and appreciate their skill, and good settlements come from superior trial skills. It is axiomatic, but knowledge is power. This book is the starting point for lawyers pursuing excellence in divorce trial advocacy.
The discussions about the ethical, political and human implications of the postmodernist condition have been raging for longer than most of us care to remember. They have been especially fierce within feminism. After a brief flirtation with postmodern thinking in the 1980s, mainstream feminist circles seem to have turned their back on the staple notions of poststructuralist philosophy. Metamorphoses takes stock of the situation and attempts to reset priorities within the poststructuralist feminist agenda. Cross-referring in a creative way to Deleuze's and Irigaray's respective philosophies of difference, the book addresses key notions such as embodiment, immanence, sexual difference, nomadism and the materiality of the subject. Metamorphoses also focuses on the implications of these theories for cultural criticism and a redefinition of politics. It provides a vivid overview of contemporary culture, with special emphasis on technology, the monstrous imaginary and the recurrent obsession with 'the flesh' in the age of techno-bodies. This highly original contribution to current debates is written for those who find changes and transformations challenging and necessary. It will be of great interest to students and scholars of philosophy, feminist theory, gender studies, sociology, social theory and cultural studies.
“This country's leading hell-raiser" (The Nation) shares his impassioned counsel to young radicals on how to effect constructive social change and know “the difference between being a realistic radical and being a rhetorical one.” First published in 1971 and written in the midst of radical political developments whose direction Alinsky was one of the first to question, this volume exhibits his style at its best. Like Thomas Paine before him, Alinsky was able to combine, both in his person and his writing, the intensity of political engagement with an absolute insistence on rational political discourse and adherence to the American democratic tradition.
This work explains the language used by the most successful advocates throughout the English-speaking world, and contributors include distinguished lawyers within these jurisdictions, from the Far-East to the USA. As well as dealing with the words and phrases of advocacy, the book covers other aspects of the technique of communication.
