Making Your Case: The Art of Persuading Judges

Making Your Case: The Art of Persuading Judges
By Antonin Scalia, Bryan A. Garner

Product Description
In their professional lives courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two of the most noted legal writers of our day Justice Antonin Scalia and Bryan A. Garner systematically present every important idea about judicial persuasion in a fresh, entertaining way. Making Your Case: The Art of Persuading Judges is a guide for novice and experienced litigators alike. It covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief-writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument. The opinions of Justice Scalia are legendary for their sharp insights, biting wit, and memorable phrasing. The writings of Bryan A. Garner, editor in chief of Black s Law Dictionary®, are respected inside and outside legal circles for their practical guidance on the art of writing and advocacy. Together the Scalia-Garner team has produced a fresh, innovative approach to a timeless topic.


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Product Details
Amazon Sales Rank: #107 in Books
Published on: 2008-04-28
Released on: 2008-04-28
Number of items: 1
Binding: Hardcover
269 pages

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Customer Reviews
The art of pursuading Judges
The book contained nothing a high school student would not know. A complete rip off.

All politics aside - this book makes its case.
It seems, rather obviously, that those who have rated this book poorly have done so out of disdain for one of the authors. I too share that disdain for said author - nonetheless I find this to be the most informative book I've read all year. And, having just finished my first year of law school, I have read quite a few informative books in the past year. A number of those books happened to deal with the very subject matter that this book deals with, and all I can say is that I wish this book had been available at the beginning of my second semester, rather than at the end of it.

Straight-forward, easy to read, logically presented, and (most importantly) insightful. This should be required reading for any first year law student, or anyone who has already completed their first year of law school but has not yet read it (up to and including those nearly ready to retire from the practice of law). Seriously, it is that good.

If you need to persuade a judge, you need this book
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. Garner's opinion is presented, Justice Scalia follows with his opinion and his analysis on why Mr. Garner was wrong and why Justice Scalia is right.

The book is organized logically, and with brevity.
The book in its 245 pages discusses:
* the general purposes of oral argument,
* legal reasoning, brief writing, and finally
* the crafting of the oral argument itself.

It discusses these topics more thoroughly than some books that are three times its size. Subsections have a clear heading and to the point discussion. Most subsections, although fully treated, are one to two pages long, some less than a page.

Finally
The book shows how to tailor your arguments for a singular audience, the judge, distinguished even from arguing before a jury. It gives tactics to use with difficult judges, lazy judges, and their law clerks. It gives the view from the bench when the lawyer reacts to bad questions from the judge. It describes the likely outcomes, and it offers way to avoid confrontation, while still making your argument. It is a good book.