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.

This text will expose you to the many documents used in preparing for trial and appellate advocacy by providing a complete set of documents to supplement your persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. Case File II spotlights First Amendment and substantive tort issues that teach you how to argue legal and factual issues, extrapolate issues from the record, find evidentiary support for their position, and grapple with challenges of scope of review and harmless error. Practicing Persuasive Written and Oral Advocacy: Case File II demonstrates the link between the classroom and the courtroom: a simulated case, Coburn v. Martinez, is based on actual events and offers high human-interest valuedocuments are designed to achieve precise teaching objectives; they faithfully replicate reality, but improve upon itthe case file includes: a compliant, defensive motions with supporting and opposing declaration, depositions, and a detailed record-on-appeal transcriptexercises may contain one or more memoranda and oral arguments before the trial courts, as well as briefs and oral arguments before an appellate courts

Case File I incorporates issues of service of process and personal jurisdiction in a format designed to build written and oral advocacy skills through practice.

Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made:Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made. Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage. In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys. The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide. Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.

Rhetoric is ubiquitous in modern discourse: from arguments delivered in the High Court, to advertisements disseminated in the high street. For the legal and political advocate, persuasion is also a professional technique that must be perfected properly to practise each art. In contrast with the classical era and the middle ages, in which grammar, rhetoric and dialectic were basic features of all education, modern curricula almost entirely neglect any theoretical study of the methods of rhetoric. Rediscovering Rhetoric re-introduces to modern practitioners and students a grasp of the speeches, writings and methodologies of the great classical scholars of rhetoric. Part 1 - Law and Language in the Greco-Roman Tradition provides a contextualised introduction to significant theorists of rhetoric in the classical period, and consists of four chapters written by practising barristers and a current Justice of the Federal Court of Australia. Part 2 - The Practice of Persuasion comprises essays by practitioners distinguished in their pursuit of legal persuasion - one former and two current Justices of the High Court of Australia - illuminating their experiences of argument from the perspective of both bench and bar. Part 3 - The Politics of Persuasion performs a similar function to Part 2, in the related domain of politics. It includes a chapter by Graham Freudenberg, former speechwriter for Gough Whitlam and others. Together the three parts provide a unique inter-disciplinary perspective on the theory and practice of legal and political persuasion. Published in association with the NSW Bar Association.

Proven methods for teaching reading comprehension to all students The Literacy Cookbook is filled with classroom-tested techniques for teaching reading comprehension to even the most hard-to-reach students. The book offers a review of approaches that are targeted for teaching reading, writing, speaking and listening skills. The book also includes information on how to connect reading, writing, and test prep. Contains accessible and easy-to-adopt recipes for strengthening comprehension, reading, writing, and oral fluency. Terrific resources are ready for download on the companion website. The materials in this book are aligned with the English Language Arts Common Core Standards The website includes an ELA Common Core Tracking Sheet, a handy resource when writing or evaluating curriculum.

In Fundamentals of Lawyer Leadership: A Skills Guide to Professional Identity Formation, we explore the aspects of leadership and professional identity formation that take root and begin to grow while students are in law school and throughout their lifelong journey as practicing attorneys and professionals. We like to describe professional identity and its formation as the process of becoming a complete lawyer; however, honing the skill sets of a complete lawyer takes time and study. Just as developing legal skills is a life-long endeavor, growing as a leader is a process that evolves over a lifetime. To become whole, healthy, skilled professionals, it is imperative that lawyers engage in a process of lifelong learning. That journey begins in law school, where professors help guide students not only in the formation of their professional identities, but also to develop as effective, thoughtful leaders. This process is vital, not merely as an ABA requirement, but to ensure the future of the profession. For students to develop as both professionals and leaders requires a personal, practical, and reflective approach to the issues. This ownership of continuous professional growth toward excellence, grounded in a service-oriented approach is a cornerstone of preparedness for leadership, and therefore, development as a lawyer. This textbook begins with professional identity formation and foundational leadership and what each means. In Part II, Leadership of Self: Growing into Leadership, the leadership journey requires looking inward to examine who you are, what type of lawyer you want to be, and how you will lead. In Part III, Leadership with Others: Effective Group Dynamics, the book covers topics such as building and nurturing relationships, developing emotional and cultural intelligence, becoming a valuable member of teams, civility, civil discourse, and creating inclusive environments. Finally, in Part IV, Leadership within Community: Service and Impact, the book examines the role of the lawyer in society, including crisis management, how to be prepared for moments of opportunity, and how you can use your skills to have influence and impact others. Contributing your energy to worthy causes about which you are passionate will bring purpose and satisfaction to your life. The authors are available to advise any law school faculty who plan to teach a leadership course and would be happy to discuss the lessons they’ve learned in teaching leadership. Their contact information will be provided upon request. Highlights of Second Edition: Incorporates more clearly the ABA’s requirements for professional identity formation (PIF) Discusses the intersection of that concept with leadership Provides a practical skills approach to becoming a professional Includes an overview of lawyers’ professional identity and formation as a first step to influence and impact through leadership Adds material on new topics, including: Civility and Civil Discourse Character Development o Addressing Fear, Failure, and Feedback Preparing for the future through innovation Design theory Technology The business of lawyering and marketing/branding Addresses the disruptions facing the profession (via changes such as artificial intelligence) and suggests a way forward Takes a fresh look at the issues facing those who would join the profession and gives meaningful, relevant guidance to prepare lawyers to be their best as they serve their clients and communities Professors and students will benefit from: A modular nature due to its multipartite organization, making the book uniquely adaptable for different settings, including: Leadership as a full course, incorporating a module into doctrinal courses, or providing leadership training in a professional development setting, and more A roadmap for teaching these concepts in an easy-to-understand manner that allows for flexibility and adaptability via its teaching framework A book and comprehensive resources written and designed for both new and experienced professors The emphasis of the themes of life-long professional development, lawyers’ ethical obligations, and service throughout

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: