Download or read book Motion Practice and Persuasion written by L. Ronald Jorgensen and published by American Bar Association. This book was released on 2006 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion.

Download or read book Motion Practice written by David F. Herr and published by Wolters Kluwer. This book was released on 2017-06-03 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:

Download or read book Persuasive Written and Oral Advocacy in Trial and Appellate Courts written by Michael R. Fontham and published by Aspen Publishers. This book was released on 2007 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This effective text offers in-depth and detailed coverage of appellate practice as well as trial court motions practice. Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, Second Edition, guides the reader through the process of preparing forceful arguments iquest; finding the law, organizing the presentation, writing clearly and persuasively, and planning for oral argument. the strengths of this classroom-tested text include: step-by-step guide to organizing, preparing, and presenting winning written and oral arguments detailed coverage of trial motion practice as well as appellate practice with an emphasis on the how important it is to consider of the judgeiquest;s time and perspective when preparing an argument liberal use of concrete examples based on a hypothetical case file throughout the book, along with extensive advice for editing accompanying Case File published each year -- designed to put in practice the principles advocated throughout the text, case files are sophisticated, realistic litigation problems and are designed to allow instructors a great deal of flexibility. Each case file is accompanied by its own Teacheriquest;s Manual detailed Teacheriquest;s Manual, including lectures, sample exercises, and sample syllabi Updated and fine tuned, The Second Edition includes: recent developments, including electronic filing and video conference oral arguments a streamlined Chapter Six (Preparing for Oral Argument) making the presentation more student-friendly new sections on harmless error and changes to Rule 32 And The status of unpublished opinions updated chapter on research to include developments in electronic research New design enhances the accessibility of the text

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Persuasive Written and Oral Advocacy written by Michael R. Fontham and published by Aspen Publishing. This book was released on 2018-09-06 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge's time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.

Download or read book Articulate Advocate written by Brian Johnson and published by Crown King Books. This book was released on 2016-03-01 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: An advocate may know what to say but is only effective when he or she knows how to be persuasive. Combining fact with know-how to persuade judges, juries, and arbitrator, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, grab and hold the fact finder's attention, gesture while speaking, speaking in phrases, and polishing the persuasive style. Based on 25 years of experience from coaching practitioners, this guide integrates cutting edge discoveries in human factors, gesture studies, linguistics, neuroscience, and sports psychology to give litigators a competitive edge. This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals.

Download or read book The Curmudgeon s Guide to Practicing Law written by Mark Herrmann and published by American Bar Association. This book was released on 2006 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays written by The Curmudgeon, offers practical, honest and you need to know this advice for surviving and thriving in a law firm. The book covers the basics of law practice and law firm etiquette, from doing effective research and writing to dressing for success, dealing with staff and clients and building a law practice. Concise, humorous and full of valuable (albeit curmudgeonly) insight, this is a must-read for every newly minted law school graduate or new lawyer.

Download or read book Point Well Made written by Nancy Vaidik and published by Aspen Publishing. This book was released on 2017-02-09 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s litigator must master arguing motions to succeed. How can you effectively argue a motion before a judge? How do you prepare for a motion hearing, which if you are lucky, turns into a discussion with a judge who may be concerned with nuances you may or may not have considered? In Point Well Made: Oral Advocacy in Motion Practice, Indiana Court of Appeals Chief Judge Nancy Vaidik and legal international communications coach Rebecca Diaz-Bonilla help get you there, with their invaluable perspectives from both on and off the bench. They teach you not only what to prepare before the hearing, but also how to be nimble and responsive once you arrive. Point Well Made is a hands-on, practical guide that helps you devise your theme, persuasively relay your facts, simplify the law, prepare the right notes for the hearing, gain insight into your particular judge so you can customize your argument, deliver the motion with successful voice and body language techniques, and answer challenging questions with confidence. It helps you know what to say and how to say it, features sample language to address the varied situations you may encounter in a hearing, advises you on dealing with a multi-judge panel, and demonstrates techniques through examples and exercises.

Download or read book Law and Evidence written by Charles P. Nemeth and published by CRC Press. This book was released on 2023-03-08 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition, introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases and evidentiary software programs. Key features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists and additional tools throughout for use by current and future practitioners Course ancillaries including, PowerPointTM lecture slides and an Instructor’s Manual with Test Bank, are available with qualified course adoption.

Download or read book An Advocate Persuades written by Joan Malmud Rocklin and published by Carolina Academic Press LLC. This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Injunctive Relief written by Kirstin Stoll-DeBell and published by American Bar Association. This book was released on 2009 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.

Download or read book Representing Clients in Mediation written by Spencer Punnett and published by American Bar Association. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients cause more effectively at every stage of the mediation process. A few more examples: . Creating a plan for movement in offers and counteroffers. Spotting the chance to arbitrage a deal point . Using zingers to create positional vulnerabilities for your opponent . Mediation prep and its potential for cementing client relationships . How miscommunication through numbers can cause lost opportunities . Perils of the fatigue factor . Breaking impasse the pros and pitfalls of mediators techniques Every chapter also includes a variety of "sidebars" standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: Johnathan C. Bolton s Bad First Time . . . Why Jay Cohen Reads Tom s Mediation Brief First . . . What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences . . . How Parties Can (Mis)communicate Through Numbers . . . and many more."

Download or read book Point Made written by Ross Guberman and published by Oxford University Press. This book was released on 2014-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.

Download or read book The Persuasive Edge written by Richard J. Crawford and published by Lawyers & Judges Publishing Company. This book was released on 2011 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on the premise that persuasion must be purposeful, The Persuasive Edge lays out the case for making meaningful choices at each stage in trial preparation and at trial. The Persuasive Edge is a must for every trial lawyer, teacher and student of law or communication, and anyone else whose practice or profession depends on human persuasion"--Provided by publisher.

Download or read book Techniques of Visual Persuasion written by Larry Jordan and published by New Riders. This book was released on 2020-07-13 with total page 669 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's remote-oriented, work-from-home world, clear, persuasive communication is more important than ever. People don't read, they skim. Persuasive images that attract, hold, and motivate an audience is essential. Techniques of Visual Persuasion shows how to use images to grab the viewer's attention long enough to powerfully share a message and move them to action. These techniques help you improve: Persuasive techniques Communication skills Business presentations Photos and images Videos and motion graphics To communicate clearly and effectively today, you need to consider how a message looks, as well as what a message says. This book is essential reading for anyone who wants to create change.

Download or read book Legal Writing I and II written by Ben L. Fernandez and published by Ben L. Fernandez. This book was released on 2023-06-11 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm. The chapters of the book are as follows: 1.Sources of Law (Local Ordinances and Bylaws, State and Federal Law: Statutes, Regulations, Cases, Executive Orders, International Treaties, Compacts, and Agreements) 2.Legal Research (Secondary Sources, Researching Statutes, Researching Cases, Paper Research v. Computer Research) 3.Briefing Cases (Facts, Issue, Rule, Holding, Reasoning) 4.Applying Cases and Analogical Reasoning (Analogizing a Case to a Fact Pattern, Distinguishing a Case from a Fact Pattern) 5.Analyzing Statutes and Marshaling Facts (Determining a Statutory Formula, Definitions, Marshaling Facts to a Statutory Rule, Comparing a Case Interpreting a Statutory Rule to a Fact Pattern) 6.Citation (How to Cite Cases, How to Cite Statutes and Regulations, Quotations, Signals, Parentheticals, Reference Materials) 7.IRAC (Issue, Rule, Application, Conclusion, Using “IREAC” when it is Necessary to Explain the Rule, Using “Ferrari Has Really Cool Race Cars” when it is Necessary to Analogize or Distinguish a Case, Synthesizing a Rule from Multiple Cases, Explaining and Applying a Rule with Multiple Cases) 8. Objective Legal Memoranda (Organization of a Research Memo, Sample Memo) 9. Other Examples of Legal writing (Client Letters, Exam Answers) 10. Improving Your Writing (Additional Tips and Resources) 11. Credibility in Persuasive Writing (the importance of writing well) 12. Bias (Implicit Bias, Microaggressions, Dealing with Bias in Others) 13. Ethical Rules for Advocacy (Competence, Diligent, Honesty and Fairness) 14. Civil and Appellate Procedure (Rules for the Form and Content of Briefs and Memos) 15. Requirements for Civil Motions and Standards of Review for Appeals 16. Persuasive Writing (Writing Persuasive Facts, Writing Persuasive Arguments) 17. Memoranda in Support of Motions (Applying the Rules of Civil Procedure to a Sample Memo) 18. Motion Session (Arguing a Motion Before a Trial Court Judge) 19. Appellate Briefs (Applying the Rules of Appellate Procedure to a Sample Brief) 20. Oral Argument (Arguing an Appeal before a Panel of Appellate Court Judges) In addition, there are numerous examples, exercises and sample documents in the appendix.

Download or read book Winning on Appeal written by Tessa L. Dysart and published by Aspen Publishing. This book was released on 2017-08-15 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: "To celebrate the twenty-fifth anniversary of the book’s release, [the authors] carry on the Aldisert tradition of revealing the 'nuts and bolts' of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. [This] update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the 'wired' courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy."--