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Holistic Guidance - Making Your Case: The Art of Persuading Judges

Making Your Case: The Art of Persuading Judges
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Manufacturer: Thomson West
Average Customer Rating: Average rating of 4.5/5Average rating of 4.5/5Average rating of 4.5/5Average rating of 4.5/5Average rating of 4.5/5

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Binding: Hardcover
Dewey Decimal Number: 347.7375
EAN: 9780314184719
ISBN: 0314184716
Label: Thomson West
Manufacturer: Thomson West
Number Of Items: 1
Number Of Pages: 269
Publication Date: 2008-04-28
Publisher: Thomson West
Release Date: 2008-04-28
Studio: Thomson West
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Editorial Reviews:
In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the most noted legal writers of our day Justice Antonin Scalia and Bryan A. Garner systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It 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 opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. The writings of Bryan A. Garner, editor in chief of Black s Law Dictionary®, are respected inside and outside legal circles for their practical guidance on the art of writing and advocacy. Together the Scalia-Garner team has produced a fresh, innovative approach to a timeless topic.
Spotlight customer reviews:
Customer Rating: Average rating of 3/5Average rating of 3/5Average rating of 3/5Average rating of 3/5Average rating of 3/5
Summary: interesting but mostly useless
Comment: As a plaintiff's lawyer who also does appeal work, this book was very interesting but little is memorable after a few days. I'm glad I signed it out from the library instead of buying it. It's just a repete of basic (naive) advocacy principles. The image is that your judge will really conscientiuosly read things and be careful to rule properly. The book is very well-edited--so you won't read much of substance that is realistic or cynical--like about judicial intellectual dishonesty. Scalia gives no insight on how to get an honest opinion from an appellate court--how to keep appeals judges from ignoring things in the record (or making up things) just so they can come up with a very good-appearing opinion that is wrong because it has result-oriented oddities that only the parties' lawyers know about. Summary judgment (and more recently dismissal for failure to state a claim) have become procedural easy-outs that have created widespread dishonesty by judges who want to get rid of cases (usually because they are infatuated with defense counsel). Often defense counsel succeeds only because they loudly and assertively repeat their propaganda--and judges (or their staff) go right along (letting perception become reality). Also, de novo judicial review is in reality deferential to the trial judge (with unwillingness to reverse--finding any way possible (dishonest) to affirm).

There were some very good points--like not being lured into making concessions during oral argument. There might be one detail that prevents the judges from (honestly) ruling a certain way--so you could get a question that so temptingly and nicely tries to get you to agree with an innocuous point, etc. There is a great example of how the judges will write about such a concession in their opinion. Another good point is Scalia's belief that whatever doesn't help your case hurts it (i.e., don't fill your briefs, etc. with unhelpful things).

There could have been some mention of realities like that most judges and staff never in their lives had to prosecute a civil case (or have any burden of proof) or deal with defense counsel in a contentious manner (e.g., trying to get discovery through a motion to compel)--and how to work with that in the justice system (those judges and staff).

I also didn't like Justice Scalia's pompous "dissents" on some points by Bryan Garner. They stand out in hindsight as ugly parts. It appears that Bryan Garner did the heavy lifting in writing the book.
Customer Rating: Average rating of 5/5Average rating of 5/5Average rating of 5/5Average rating of 5/5Average rating of 5/5
Summary: I heart Scalia
Comment: Nothing like reading thoughts from the country's greatest legal mind of this century...Antonin Scalia is amazing.
Customer Rating: Average rating of 4/5Average rating of 4/5Average rating of 4/5Average rating of 4/5Average rating of 4/5
Summary: Great Transaction!
Comment: The seller was prompt and the books were received in a very timely manner. Thanks a lot . . . would definitely do business with you again!
Customer Rating: Average rating of 4/5Average rating of 4/5Average rating of 4/5Average rating of 4/5Average rating of 4/5
Summary: Great Primer
Comment: This book condenses an advocacy course down to it's most helpful points. It is a quick easy read and many of the points can be put to use right away. Other points are aimed towards improving one's advocacy over his lifetime. The book made good use of anecdotes and hypotheticals to illustrate more complicated points.

While the book is a little pricey for its size, it is definitely worth the money.
Customer Rating: Average rating of 5/5Average rating of 5/5Average rating of 5/5Average rating of 5/5Average rating of 5/5
Summary: A Great Supreme Court Judge
Comment: I gave this book to my personal attorney. He can and is authorized to argue a case before the Supreme Court. Like me, he looks up to Antonin Scalia as great judge. What Judge Scalia says in the book is helpful to all new lawyers who will have to litigate cases. This book should be included in the curiculum for future lawyers.
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