Making Your Case: The Art of Persuading Judges

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(as of Jun 24,2024 05:30:53 UTC – Details)



Product Description:
“Making Your Case: The Art of Persuading Judges” is a comprehensive guide that will help you master the art of presenting persuasive arguments in a courtroom setting. Written by experienced legal professionals, this book provides valuable insights on how to effectively communicate your case to judges, ultimately increasing your chances of success in court.

From crafting a compelling narrative to anticipating and countering opposing arguments, “Making Your Case” covers all aspects of persuasive advocacy. Whether you are a seasoned attorney looking to hone your skills or a law student preparing for your first trial, this book is an essential resource for anyone looking to improve their persuasion techniques in the legal field.

Title: Making Your Case: The Art of Persuading Judges

8 reviews for Making Your Case: The Art of Persuading Judges

  1. Jerry Saperstein

    A valuable book for non-lawyers and lawyers
    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

  2. Nicole Hamilton

    An insightful and delightful book for anyone with an interest in people and persuasion
    My only exposure to the courts has been the unfortunate experience of defending various complaints from my ex that continue to be served even to this day, 10 years after the divorce. So I’m no attorney and most of the time I’ve been in a courtroom, I’d gladly have been somewhere else. But still, when I’m not feeling trapped in the details of my personal situation, I’ve found the workings of the court and how motions and trials are decided to be quite fascinating. I’m an engineer, but I think the (sometimes) logical world of law might have been fun. The significance of some of Scalia’s book, e.g., the minutiae of whether to use contractions, was probably lost on me. But I bought it based on some enticing interview snippets in the WSJ Law Blog and I was definitely not disappointed.I enjoyed the insight it offered into just how the whole thing works and found myself agreeing, on a number of occasions involving, surely, the more obvious points, that I’d noticed precisely that same thing myself but hadn’t been sure to what degree it might be generalized. It explained things. I found lots of good advice that I’m sure will be portable to the far more ordinary life I lead having nothing to do with the law but a lot to do with getting along with people around me and, on occasion, trying to persuade them to my point of view.I also had a great time. The book was waiting for me Friday evening when I got home from work and by Saturday evening, I’d finished it completely. Along the way, I learned a lot and I also laughed a lot, out loud, probably every 4 or 5 minutes, at some new, insightful and humorously phrased observation about life or the law.

  3. K and J Vaughn

    Potentially a Paradigm Shifter
    Lawyers please read this book. Not just for your edification; but for the benefit of the rest of us too.Why do so many people think lawyers are jerks? Perhaps it’s got something to do with the way lawyers are trained that leads some of them to believe that arrogance, rudeness and boorishness are the trifectas of success in their profession.Apparently judges of all ilks – all the way up to Supreme Court Justices, have seen more than their fill of nasty advocate’s behavior in their courtrooms. So have I.For the past five years I’ve trained trial lawyers, and some of the behavior I’ve seen inside courtrooms has not just been appalling, it’s been stupid. As a non-lawyer, I must say that the vast majority of lawyers are not deserving of the stereotype they’ve been tagged with. However, there’s a tiny minority whose nasty words and deeds more than compensate for the polite professionalism of the majority of their peers.Attention All Jerks: This book is for you. The most important aspect of this book may be the one you want to ignore; but pay attention to the primary theme that runs throughout it: Your spiteful, oafish and intemperate behavior in court, damages your prospects of winning. You aren’t just harming your client. Your income is taking a beating too.Although this book is packed with invaluable advice for litigators and transactional lawyers alike, there is no more important advice than in this sentence from the Introduction: “Your objective in every argument therefore, is to show yourself to be worthy of trust and affection.”Look, again at that sentence. Is there any business or profession in which that lesson would not be valuable? In fact, is there any business or personal relationship in which that lesson would not be valuable? That is why this book should be read by all advocates for any cause.If every lawyer in this country – and the world, read this book and fully absorbed the power of that one simple lesson, the profession might begin to alter its image, which as been around since, well, at least since Dick the butcher voiced an attractive sounding idea in Henry IV, part Two, “The first thing we do, let’s kill…”

  4. Alecia

    Book came in great quality. Absolutely love it. You can almost hear former Justice Scalia speaking as you read.

  5. F

    Timeless advice from seasoned and wise professionals.Excellent service from The Nile.

  6. david

    On pouvait craindre que le plus tonitruant membre – désormais doyen de la faction conservatiste (républicaine) – de la cour suprême des Etats-Unis, puisse avoir à nous en apprendre ; ce d’autant que la jaquette destine l’ouvrage même aux plus expérimentés avocats…Même la photo en quatrième de couverture des auteurs posant replets, dans des costumes tout neuf avec des cravates immaculées sans aucune auréoles de gras, pouvait le laisser suspecter à la manière des ouvrages gastronomiques pratiquant le genre…Qu’on se rassure, il n’en est absolument rien !Non seulement vous n’apprendrez aucune recette mais en plus vous perdrez votre temps.Que l’on comprenne que je me permets de “mettre un peu en boîte” car de son banc, Antonin Scalia – Nino voire Nini (pour le cénacle le plus intime) – ne se gêne jamais & n’épargne rien. Il a raison ; le métier le ne doit à personne.L’ouvrage présenté ici est donc une abomination qui n’a le mérite que d’être bref.Cet opuscule ne s’adresse qu’aux étudiants les moins éclairés par ce qu’il n’est truffé que d’évidences, lieux communs & autres balivernes.Le pire est qu’il n’est même pas drôle alors que Nino, sait être sarcastique à loisir ; ce qui est sa qualité la plus généralement reconnue et que j’aime.Mais avec l’âge & la routine, Scalia qui savait être appréciable jusqu’en 2005 (époque à laquelle il manqua la présidence de la cour faute de désignation par W Bush qui n’en voulut même pas…) est devenu aigri et commença à tourner en circuit fermé par une sorte de sclérose.Ce livre qui fut édité en 2008 illustre donc indéniablement un soucis de s’adresser aux autres ; ce qui n’a que très rarement été l’objectif de Scalia qui est l’inventeur d’un technique rigide de lecture de la constitution à la manière qu’il s’imagine lui-même de ce qu’elle était au XVIIIème. d”après une technique originale dont il est l’auteur décrié de façon de plus en plus copieuse.Dommage donc que ce géant produise si peu car il avait du matériel ; mais à décharge, je crains qu’il ne soit pas l’auteur du livre…

  7. Amazon Customer

    This book though designed for practice before the US Courts is equally good for courts everywhere else .The book apart from being well researched is highly practical, addressing the mistakes we allmake.

  8. Andrea Monti

    Though intellectually honest and very well written – for instance when talking about the lawyer-judge relationship – the book does nothing but reinforce the idea that in court a lawyer can do all the bells and whistles of his logic, rethoric, public speaking and other abilities, while the final word is and will always be spell by somebody who simply might not care… Nevertheless this is an invaluable book because helps lawyers to make less mistakes, and – maybe – judges think about their behaviour on the bench.

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