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Making Your Case: The Art of Persuading Judges
PDF Download Making Your Case: The Art of Persuading Judges
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Product details
Hardcover: 269 pages
Publisher: Thomson West; 1st edition (April 28, 2008)
Language: English
ISBN-10: 0314184716
ISBN-13: 978-0314184719
Product Dimensions:
5.5 x 0.5 x 8 inches
Shipping Weight: 8.8 ounces (View shipping rates and policies)
Average Customer Review:
4.6 out of 5 stars
144 customer reviews
Amazon Best Sellers Rank:
#28,926 in Books (See Top 100 in Books)
I am a criminal defense lawyer and have been practicing for 47 years. I am the past president of the National Association of Criminal Defense Lawyers. I try jury trials and handle my own appeals. I have a heavy motion practice. I wish this book had been written when I started practice in 1971. This book hits the bull's eye on how to write effectively with credibility. The tips are practical and work. My trial and appellate briefs and my oral presentations are better due to the present these gentlemen have given us in this quick and easy to read book. I have read it cover to cover, and refer to it frequently as I write and prepare to argue. I read Bryan Garner's column in the ABA Journal, knowing that there is more to be learned, after all these years. And, I spent about an hour getting to know Mr. Garner on the phone, between his airplane connections. Buy the digital edition, keep it on your I-pad, take it with you to where you write and when you go to court, should the need arise for a "pick-me-up." John Henry Hingson III of Oregon City, Oregon.
I'm no lawyer but this gave me some perspective on what they do and in general helps to develop persuasive argument and encourages you to pursue knowledge, writing, reading, vocabulary and speech skills to become more persuasive
In the rush to improve, I focused on the latest frills and ideas. After multiple court battles, I have circled back to the basics of effective advocacy. The concepts shared in this book provide an excellent foundation for litigation. I was going to say I wished I had read it earlier in my career, but I am not sure if I would have appreciated its value without first having experienced the challenges of multiple trials, motions, and hearings before a judge.
I am still reading this book, but it is a treasure trove of inside information that one could only make educated guesses at. A lot of it just makes common sense, but when your interaction with judges is mostly very formalistic, you cannot be sure that what seems like common sense actually is.Since the authors are highly placed in the judgery circles, and an academic who studies these things in practice for a living, the book distills down the unknowns and bolsters up the likelies so a person arguing in front of judges, either by submission or in open court, has a much better clue as to how to present their case. The book also covers the differences between trial court arguments, and appellate court arguments.Ostensibly aimed at attorneys, this book even more valuable for pro se litigants who are not daily in court, and need an experienced maven to explain the the not so obvious ins and outs of how a judge will view their pleadings.I am glad I spent the $16 on it, and am reading it on a kindle.
Simple, yet precise and to the point. A good review guide into those details we learnt in school but in time have forgotten about it. Easy to read and understand without unnecessary jargon.
Why would non-lawyers want to read a book on persuading judges? For several reasons actually. First, many of us are involved in work that requires persuading others to adopt our views. While legal argument is substantially more formal and rule-driven than what most of us do, learning how to construct a logical argument as if it were to be delivered to the court, that Is governed by deadlines, restrictions on length, the need to adhere to established fact (or to establish those facts) and to be neither groveling nor inflammatory can be applied to selling your widgets. Perhaps more important is the fact that most people don't understand the impact of the court's decisions on our daily lives, our pocketbooks and our freedoms. Nine people sit on the Supreme Court. They cannot be removed except for the most grievous crimes and then only if Congress were to agree. More than one Justice has demonstrated that you can be senile and sit on the nation's highest court. Going down the food chain, the same applies to the federal appellate and trial courts. It is unlikely that one person in a hundred can even name a local federal district court judge and probably not one in a thousand could name the nine Supreme Court justices. Yet these men and women have tremendous impact on our lives, as do the thousands of state court justices. I am not a lawyer, but I consult to them and am not a stranger to the courtroom, writing drafts for legal briefs, doing legal research and the like. I have seen a lot of judges in action and have learned, in general, to fear them. They can - and do - cause tremendous harm through ill-considered decisions, making decisions with insufficient facts, assuming they know more than they do and myriad other reasons. They are gods in their courtrooms and if your lawyer fails to persuade them of the justness of your cause, you lose. Just how do these people reach their decisions? While justice is supposed to be blind (fat chance!), the justices are human and thus persuadable. Bryan Garner is a noted writer on legal writing. He is actually quite witty as he explains the use of the English language to lawyers who have had their understanding of words driven out of them in law school. Antonin Scalia is a hero to many for the courageousness of his decisions and dissents, his belief that the Constitution is to be strictly interpreted and his generally brilliant writing style. In 115, frequently witty, short chapters the two authors (who occasionally openly disagree) lay down their thoughts on how judges can be persuaded. It is not all about legal writing; e.g, advice to not chew your fingernails and dressing appropriately for court. They advise on giving your oral argument, which a lot of sales and marketing people would do well to read, especially the guidance to "never speak over a judge". In a sales situation, I am surprised at how often the sales person displays his or her contempt for me by not only not listening to me, but presuming they understand the point I was going to make before they spoke over me. I don't know about you, but a lot of salespeople have lost business with me for doing that. Some of the points the authors make are points of contention themselves: i.e., "swear off substantive footnotes - or not". None of the material in this book is truly new. Law students get elements of it in their first year as do some college students. A lot can be found in books on to be a better salesperson: i.e., don't chew your fingernails, etc. And a lot of it is plain commonsense. But that doesn't mean this book is unhelpful. First, it reveals in tiny part how Scalia evaluates the briefs he reads and arguments he hears, which in itself is a fascinating peek. The authors also put things many people may have forgotten through lack of use into perspective. Finally, they remind lawyers and non-lawyers alike that you often have only one shot at winning your argument so you had best put your best foot forward.Scalia and Garner show you how to do it. Overall, this is a fun, informative and helpful read.Jerry
If you're anything like me, sometimes reading opinions and dissents by Scalia is just tedious. So I was pleasantly surprised at what an interesting read this is. It's required reading for my appellate advocacy class, but I recommend it to any law student, especially 1Ls. I wish I had this for my trial brief assignment my first year. This book is a big help in organizing my appellate brief and making me a better, more interesting legal writer.
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