Making Your Case: The Art of Persuading Judges An unabridged reading by the authors on audio CD 1st Edition

Making Your Case: The Art of Persuading Judges An unabridged reading by the authors on audio CD 1st Edition
Author: Visit ‘s Antonin Scalia Page ID: 0314242163

Audio CD: 1 pagesPublisher: West; 1 edition (November 25, 2009)Language: EnglishISBN-10: 0314242163ISBN-13: 978-0314242167 Product Dimensions: 0.8 x 5.5 x 7.2 inches Shipping Weight: 6.4 ounces Best Sellers Rank: #1,887,928 in Books (See Top 100 in Books) #324 in Books > Law > Rules & Procedures > Trial Practice #618 in Books > Books on CD > Reference #2277 in Books > Books on CD > Nonfiction
If you’re a trial lawyer handling your first appeal, you should absolutely read this book cover-to-cover. I’ve practiced solely appellate law for ten years, seen hundreds of appellate arguments, written hundreds of briefs and argued nearly a hundred cases, attended national trainings on appellate practice, and taught hundreds of new attorneys how to handle their first appellate case. I agree with almost everything the authors have to say– and what credible authors!

My disagreements:
1) Never summarize your case in the "conclusion" section of the brief. They advise this, and note that many disagree with this. I emphatically disagree with it. A conclusion in the body of the point, at its end, may do very well, but the so-called "prayer for relief" section needs to be one sentence that says precisely what you want the court to do, and nothing else. This way the court knows exactly where to flip to find the remedy you’re requesting, and doesn’t have to parse a page of text to find it.

2) "And its progeny" is hackneyed? What are you supposed to say? This case and all the cases which grew out of it? Sprung from it? Were decided after it and based on it in some way? Terms which they call "hackneyed" are often the quickest and most precise way to phrase something. So just ignore that paragraph.

3) They "skirt" the issue, by failing to skirt the issue, of women’s dress. They only say, "wear dark colors." The new female attorneys do not believe me when I say judges expect them to wear skirt suits to court. I’ve seen women show up in red shirts under striped pantsuits worn with sandals. They believed they looked professional, but really, they had lost ten points in credibility already.
Whether or not you agree with Justice Scalia’s opinions from the Supreme Court, this book as a primer on briefs and oral argument is excellent. I wish that I had this book for moot court. The brief writing section was far better than any of the books I had to help me. The oral presentation section identified solutions to problems that frustrated me. If you are not a lawyer you will likely find the oral argument section interesting and helpful, but find the minutia of the brief writing section boring. As a lawyer, I will reread this book from time to time.

Justice Scalia recognizes there are other viewpoints; he discusses them but then explains why his view is better.

The book presents all viewpoints and follows with their own and why theirs is better. For example, the book points out that although they believes underlining is a crude throwback to the typewriter , Bluebook approves the use of underlining. The book states that underlining is unnecessary in the 21st century with a word processor. They follow with suggesting that Bluebook should be revised. The book suggests using italics where you would have used underlining. They add that very limited use of italics is far better than liberal use. Justice Scalia’s differences of opinions extend to his coauthor.

Bryan Garner, author of Garner’s Modern American Usage, The Elements of Legal Style and editor in chief of Black’s Law Dictionary did not agree with Justice Scalia on all points. Some section headings state a definite rule, followed by "or not." For example: "Consider using contractions occasionally–or not." These sections take the form of majority opinion vs. minority opinion. Mr.
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