the articulate advocate persuasive skills for lawyers in trials appeals arbitrations and motions

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Articulate Advocate

Author : Brian Johnson
ISBN : 9781939506047
Genre : Law
File Size : 56. 53 MB
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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.

The Articulate Attorney

Author : Brian K. Johnson
ISBN : 9780979689598
Genre : Language Arts & Disciplines
File Size : 49. 2 MB
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Addressing the distinctive communication skills expected of attorneys—and based on three decades of experience coaching lawyers—this manual of practical, useful solutions integrates cutting-edge discoveries in human factors, linguistics, neuroscience, gesture studies, and sports psychology. These techniques will transform any attorney into a more confident speaker, whether addressing colleagues in a conference room, counseling clients in a boardroom, or presenting a CLE in a ballroom. Including tips on bringing the presentation off of one's notes and using direct eye contact, the book answers such common questions as: How do I channel nervous energy into dynamic delivery? What is a reliable way to remember what I want to say? How do I stop saying "um" and think in silence instead? and Why is gesturing so important? Topics are divided into chapters on the body, the brain, and the voice, with an extra section specifically dedicated to practice.

Theater Tips And Strategies For Jury Trials

Author : David A. Ball
ISBN : STANFORD:36105063692094
Genre : Law
File Size : 49. 28 MB
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"In well-organized chapters on the trial's characters, rehearsal techniques, audience, props, plot, & point of view, Ball's book provides useful advice to novice & experience legal actors. "Even those who never try a jury case will learn a lot about audience persuasion which is a crucial skill in many theaters of a lawyer's life besides producer, theater professor & trial consultant has woven together a highly readable compendium of "how to's" & "how not to's" for trial lawyers. I highly recommend this book for trial attorneys with limited experience. Even seasoned trial attorneys will find Mr. Ball's book a valuable mini-refresher course. The book shows trial lawyers how to use concepts from theater to persuade & motivate. After all, there is no finer stage than the courtroom & no In this revised & expanded second edition, Ball provides practical guidance for voir dire, openings & closings, testimony, & focus groups. He describes what practitioners can learn from actors about their manner, voice projection, & behavior. He tells how to grab the jury from the beginning just as a good movie opening captures the audience. He details the preparation of your "cast" of witnesses so they testify clearly, credibly, & memorably. And he offers advice on telling your story so that it commands attention & motivates jurors to argue for your side.

Win Your Case

Author : Gerry Spence
ISBN : 1429909013
Genre : Law
File Size : 81. 98 MB
Format : PDF
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Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.

Storytelling For Lawyers

Author : Philip Meyer
ISBN : 9780199910618
Genre : Law
File Size : 52. 86 MB
Format : PDF
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Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

The Articulate Witness

Author : Marsha Hunter
ISBN : 9781939506009
Genre : Law
File Size : 41. 96 MB
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Every day in the United States, ordinary people are called to testify in court. Most of them have never been involved in a legal proceeding. But they have probably seen witnesses in high-profile trials on television, being harshly cross examined, looking nervous or anxious—perhaps even humiliated. The thought of testifying can be scary. Being subpoenaed can lead to weeks or months of anxiety until the day arrives when they raise their right hand and swear to tell the truth. This book is for them. Whether testifying at a trial, arbitration, or deposition, this book will help witnesses get ready for the experience. Easy-to-follow, illustrated tips prepare them to be a more compelling witness. The book contains answers to common questions, such as: What can I expect when I testify? How can I be a prepared and trustworthy witness? What is the key to calming my nerves? What questions should I ask the lawyer who called me? How do I keep my emotions in check? Can I channel my nervous energy into something positive? and How can I prevent getting flustered while testifying? Distinguished trial advocacy instructors who have been teaching lawyers to be self-assured communicators for 35 years now employ their techniques to help people who find themselves in the witness chair.

The Articulate Advocate

Author : Marsha Hunter
ISBN : 9780979689505
Genre : Law
File Size : 76. 28 MB
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Unlike other trial advocacy books that teach what to say and do in the courtroom, this reference teaches how to say and do it. Based on 25 years of experience from coaching practitioners, this handbook reveals techniques—incorporating cutting-edge discoveries in linguistics, neuroscience, and sports psychology—to help litigators look, sound, and feel natural and polished in the courtroom. Questions that lawyers face daily, such as What do I do with my hands? Aren’t gestures distracting? How do I remember everything? and I tend to talk so fast—how can I slow down? are among the questions addressed in this handbook.

Trial Techniques And Trials

Author : Thomas A. Mauet
ISBN : 9781454888123
Genre : Law
File Size : 55. 85 MB
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By far the most thorough and detailed of the books in the field, Trial Techniques and Trials, Tenth Edition is a comprehensive yet concise handbook that covers all aspects of the trial process and provides excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more. Extensive examples are clustered into three groups: personal injury, commercial, and criminal for ease in finding particular areas of trial practice. Tom Mauet, renowned for his skills both as a writer and litigator, breaks the trial process down into its critical components for better and quicker student comprehension.

Cross Examination Science And Techniques

Author : Larry Pozner
ISBN : 9781632843920
Genre : Law
File Size : 33. 81 MB
Format : PDF, ePub
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Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd’s classic work, written to meet the needs of today’s trial attorneys. Pozner and Dodd’s signature techniques and methodologies, which have brought them acclaim as the nation’s leading experts on cross-examination, are illustrated with numerous new examples added specifically for the Third Edition. The authors provide their best-ever coverage of the “chapter method” of cross-examination with additional excerpts to illustrate various trial scenarios. New content also includes Chapter 6 on Cross Preparation Systems: Sourcing the Facts, giving you the tools to immediately inform a witness, and the court, what electronic or paper document you are using and exactly where in the document is the material upon which you are questioning. As always, the authors, who have lectured on cross-examination to thousands of attorneys worldwide, guide you to successful trial outcomes with a conversational, engaging, and easy-to-read writing style. Inside you'll find valuable advice on how to: Use opponents’ objections as the springboard for deeper and broader cross-examinations. Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits. Use “double loops” to discredit opposing expert witnesses. Use voir dire to create great jurors Use a fact-driven investigation to develop a winning theory Use a witness’s own words to follow your theme and theory Control the runaway witness Communicate winning theories in opening, cross, and closing Use loops to box in the witness Use tactical sequencing to create the most powerful cross Convert a witness’s silence into admission of fact Induce the witness to voice your pre-selected words Prepare for devastating impeachment Close off any escape routes for the witness Punish the evasive or “I don’t know” witness Control the crying witness Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd’s treatise remains the definitive guide to preparing killer cross-examinations, only from LexisNexis.

Legal Persuasion

Author : Linda L. Berger
ISBN : 9781351623698
Genre : Law
File Size : 57. 33 MB
Format : PDF
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This book develops a central theme: legal persuasion results from making and breaking mental connections. This concept of making connections inspired the authors to take a rhetorical approach to the science of legal persuasion. That singular approach resulted in the integration of research from cognitive science with classical and contemporary rhetorical theory, and the application of these two disciplines to the real-life practice of persuasion. The combination of rhetorical analysis and cognitive science yields a new way of seeing and understanding legal persuasion, one that promises theoretical and practical gains. The work has three main functions. First, it brings together the leading models of persuasion from cognitive science and rhetorical theory, blurring boundaries and leveraging connections between the often-separate spheres of science and rhetoric. Second, it illustrates this persuasive synthesis by working through concrete examples of persuasion, demonstrating how to apply this new approach to the taking apart and the putting together of effective legal arguments. In this way, the book demonstrates the advantages of a deeper and more nuanced understanding of persuasion. Third, the volume assesses and explains why, how, and when certain persuasive methods and techniques are more effective than others. The book is designed to appeal to scholars in law, rhetoric, persuasion science, and psychology; to students learning the practice of law; and to judges and practicing lawyers who engage in persuasion.

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