The Articulate Attorney

Public Speaking for Lawyers
Author: Brian K. Johnson,Marsha Hunter
Publisher: Crown King Books
ISBN: 0979689597
Category: Language Arts & Disciplines
Page: 186
View: 4530

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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.

Articulate Advocate

Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and Motions
Author: Brian Johnson,Marsha Hunter
Publisher: Crown King Books
ISBN: 1939506042
Category: Law
Page: 248
View: 3442

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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 Advocate

Persuasive Skills for Lawyers in Trials, Appeals, Arbitrations, and Motions
Author: Brian K. Johnson,Marsha Hunter
Publisher: N.A
ISBN: 9781939506078
Category:
Page: 248
View: 9120

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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."

Acting Skills for Lawyers


Author: Laura Mathis
Publisher: Amer Bar Assn
ISBN: 9781616329327
Category: Law
Page: 145
View: 9302

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For the lawyer, research and written communications are only half the battle. In this innovative book you ll learn how to develop and use stage presence, use an actors voice and gestures, develop characters for different audiences, deliver effective speeches, adopt the role of talk-show host for depositions, improvise in unprepared situations, be the acting coach for your witness, use monologue skills in your closing arguments, and even take the perfect professional photo!"

The Articulate Witness

An Illustrated Guide to Testifying Confidently Under Oath
Author: Marsha Hunter,Brian K Johnson
Publisher: Crown King Books
ISBN: 193950600X
Category: Law
Page: 60
View: 5545

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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.

Tongue Tied America

Reviving the Art of Verbal Persuasion
Author: Robert N. Sayler,Molly Bishop Shadel
Publisher: Wolters Kluwer Law & Business
ISBN: 145484972X
Category: Law
Page: 384
View: 915

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This concise, practical text focuses on the art and craft of persuasive oral argument. It explores why people are ill-at-ease with public speaking and addresses why the problem exists, why it matters, and what to do about it. The authors, teachers of oral advocacy who have broad trial experience as well, maintain that everyone can master basic oral advocacy, and they skillfully and in an engaging style guide the reader through the steps necessary to do so. Tongue-Tied America: Reviving the Art of Verbal Persuasion will make an excellent supplement to any Advocacy course, but anyone who ever speaks in front of other people formally or informally will find it an enlightening and valuable resource. This highly readable text draws from the teachings of masters of rhetoric and uses techniques from several disciplines. It includes: Explanations of the essential principles of speech writing derived from classical rhetoric and psychology. The authors look at the methods great speakers use to persuade their audiences and discuss tactics for addressing and persuading different types of audiences. Keys to successful public speaking, including psychological insights and strategies taken from the theater. Step-by-step guidance through the process of writing a speech , including an explanation of the function of different kinds of speeches and the unique requirements of writing the spoken word. How to deliver a speech effectively What to do with your hands and feet Avoiding verbal ticks (such as um and uh ) Developing an awareness of cadence Connecting with the audience Exercises for improving voice and overcoming stage fright Beginning and ending a speech with force and interest Tips and checklists Numerous practical examples, which the authors analyze in-depth, that illustrate what works in public speaking and what doesn t. The final chapter examines a number of iconic speeches that were delivered for a variety of reasons and explains why they work. A companion website and video that illustrate how to deliver a speech well.

Woman Lawyer

The Trials of Clara Foltz
Author: Barbara Babcock
Publisher: Stanford University Press
ISBN: 080477935X
Category: Law
Page: 392
View: 5879

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Woman Lawyer tells the story of Clara Foltz, the first woman admitted to the California Bar. Famous in her time as a public intellectual, leader of the women's movement, and legal reformer, Foltz faced terrific prejudice and well-organized opposition to women lawyers as she tried cases in front of all-male juries, raised five children as a single mother, and stumped for political candidates. She was the first to propose the creation of a public defender to balance the public prosecutor. Woman Lawyer uncovers the legal reforms and societal contributions of a woman celebrated in her day, but lost to history until now. It casts new light on the turbulent history and politics of California in a period of phenomenal growth and highlights the interconnection of the suffragists and other movements for civil rights and legal reforms.

Model Rules of Professional Conduct


Author: American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher: American Bar Association
ISBN: 9781604421071
Category: Law
Page: 188
View: 4206

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The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.

Letters to a Young Lawer (Easyread Large Edition)


Author: Alan Dershowitz
Publisher: ReadHowYouWant.com
ISBN: 145874972X
Category: Biography & Autobiography
Page: 220
View: 8288

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As defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time. We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the ''tricks of the trade'' that have helped him win cases and become successful at the art and practice of ''lawyering.''

How to Argue & Win Every Time

At Home, At Work, In Court, Everywhere, Everyday
Author: Gerry Spence
Publisher: Macmillan
ISBN: 9780312144777
Category: Language Arts & Disciplines
Page: 307
View: 2594

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A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon. Reprint.

Point Made

How to Write Like the Nation's Top Advocates
Author: Ross Guberman
Publisher: Oxford University Press
ISBN: 0199943850
Category: Law
Page: 352
View: 3062

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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.

Mouthpiece

A Life in -- and Sometimes Just Outside -- the Law
Author: Edward Hayes,Susan Lehman
Publisher: Broadway Books
ISBN: 0767920287
Category: Biography & Autobiography
Page: 288
View: 4564

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From prosecuting (and defending) murderers in the Bronx to handling the public and private problems of Manhattan’s elite, Mouthpiece recounts the colorful adventures of New York City’s ultimate legal operator. “In the pages before us, the Counselor tells a saga’s worth of tales of the city. As the saying goes, he’s got a million of them.” —Tom Wolfe, from his Introduction Edward Hayes is that unusual combination: the likable lawyer, one who could have stepped off the stages of Guys and Dolls or Chicago. Mouthpiece is his story—an irreverent, entertaining, and revealing look at the practice of law in modern times and a social and political anatomy of New York City. It recounts Hayes’s childhood in the tough Irish sections of Queens and his eventual escape to the University of Virginia and then to Columbia Law School. Not at all white-shoe-firm material, Hayes headed to the hair-raising, crime-ridden South Bronx of the midseventies—first as a homicide prosecutor and then as a defense attorney seeking to free the same sort of people he formerly had put in jail. Tom Wolfe immortalized this setting in The Bonfire of the Vanities. Ed Hayes was his guide, and he served as the model for the scrappy defense lawyer Tommy Killian. Eventually, Hayes moved his practice to Manhattan, using his neighborhood white boy instincts and connections and the rough-and-tumble techniques learned in the Bronx on behalf of the rich and powerful and famous. From a high-stakes legal shootout over the Andy Warhol estate to working to secure financial justice for the families of the World Trade Center victims, Hayes has been behind the scenes of how New York City really operates. For the tens of millions fascinated by New York’s unique blend of glitter and grime, of idealism and corruption, of avarice and ambition, Mouthpiece provides the ultimate close-up of high-stakes Gotham gamesmanship.

Fish Raincoats

A Woman Lawyer's Life
Author: Barbara Babcock
Publisher: Quid Pro Books
ISBN: 1610273613
Category: Biography & Autobiography
Page: 242
View: 7200

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The life and times of a trailblazing feminist in American law. The first female Stanford law professor was also first director of the District of Columbia Public Defender Service, one of the first women to be an Assistant Attorney General of the United States, and the biographer of California’s first woman lawyer, Clara Foltz. Survivor, pioneer, leader, and fervent defender of the powerless and colorful mobsters alike, Barbara Babcock led by example and by the written word—and recounts her part of history in this candid and personal memoir. “For woman lawyers, Barbara Babcock has led the way. How? By being smarter and tougher than the men; also, more empathetic and self-aware. Funny, shrewd, and telling, her memoir Fish Raincoats is a joy to read.” — Evan Thomas, author of Being Nixon: A Man Divided “An immensely engaging, articulate and detail-rich memoir from a pioneer who helped forge the path for women in the legal profession. Barbara Babcock taught, mentored and inspired generations of law students to look beyond the billable hour; she has chronicled her times—the modern Women’s Movement, the challenges and characters she met along the way—with insight, humility and grace.” — Thelton E. Henderson, Senior U.S. District Judge, San Francisco “Life will afford you no better sherpa on the extraordinary journey women have taken in the legal profession than Barbara Babcock. From her description of her career in DC courtrooms, to her role in the battle to defeat the Bork nomination, and her pathbreaking biography of another woman ‘first,’ she is the same warm and generous storyteller and narrator who welcomed untold numbers of new students to Stanford Law School and assured us all that we indeed had a place in the life of the law. This should be required reading for anyone who isn’t certain that they have a place at the lawyers table. Babcock’s amazing life has made a space for so many of us. Her story will do the same.” — Dahlia Lithwick, Senior Editor, Slate “‘But men are writing the history!’ Barbara Babcock thought to herself in response to a sexist comment about women in the law years ago. Not anymore. Babcock spins her formidable legal career into insightful stories about how she made her way and made her field her own. The best kind of personal history.” — Emily Bazelon, author of Sticks and Stones: Defeating the Culture of Bullying and Rediscovering the Power of Character and Empathy Fish Raincoats is a compelling new addition to the Journeys & Memoirs Series from Quid Pro Books; also available in paperback and clothbound editions. Quality digital formatting includes linked notes, active Contents, active URLs in notes, and all the original images (thirteen, most in color) from the print editions.

The Guantánamo Lawyers

Inside a Prison Outside the Law
Author: Jonathan Hafetz
Publisher: NYU Press
ISBN: 9780814720813
Category: Law
Page: 464
View: 8519

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Read free excerpts from the book at http://www.theguantanamolawyers.com and explore the complete archive of narratives at http://dlib.nyu.edu/guantanamo Following the terrorist attacks of 9/11, the United States imprisoned more than seven hundred and fifty men at its naval base at Guantánamo Bay, Cuba. These men, ranging from teenage boys to men in their eighties from over forty different countries, were detained for years without charges, trial, and a fair hearing. Without any legal status or protection, they were truly outside the law: imprisoned in secret, denied communication with their families, and subjected to extreme isolation, physical and mental abuse, and, in some instances, torture. These are the detainees’ stories, told by their lawyers because the prisoners themselves were silenced. It took habeas counsel more than two years—and a ruling from the United States Supreme Court—to finally gain the right to visit and talk to their clients at Guantánamo. Even then, lawyers were forced to operate under severe restrictions designed to inhibit communication and envelop the prison in secrecy. In time, however, lawyers were able to meet with their clients and bring the truth about Guantánamo to the world. The Guantánamo Lawyers contains over one hundred personal narratives from attorneys who have represented detainees held at “GTMO” as well as at other overseas prisons, from Bagram Air Base in Afghanistan to secret CIA jails or “black sites.” Mark Denbeaux and Jonathan Hafetz—themselves lawyers for detainees—collected stories that cover virtually every facet of Guantánamo, and the litigation it sparked. Together, these moving, powerful voices create a historical record of Guantánamo’s legal, human, and moral failings, and provide a window into America’s catastrophic effort to create a prison beyond the law. An online archive, hosted by New York University Libraries, will be available at the time of publication and will contain the complete texts as well as other accounts contributed by Guantánamo lawyers. The documents will be freely available on the Internet for research, teaching, and non-commercial uses, and will be preserved indefinitely as a historical collection.

Clarence Darrow

Attorney for the Damned
Author: John A. Farrell
Publisher: Vintage
ISBN: 0385534515
Category: Biography & Autobiography
Page: 400
View: 3073

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Drawing on untapped archives and full of fresh revelations, here is the definitive biography of America’s legendary defense attorney and progressive hero. Clarence Darrow is the lawyer every law school student dreams of being: on the side of right, loved by many women, played by Spencer Tracy in Inherit the Wind. His days-long closing arguments delivered without notes won miraculous reprieves for men doomed to hang. Darrow left a promising career as a railroad lawyer during the tumultuous Gilded Age in order to champion poor workers, blacks, and social and political outcasts against big business, Jim Crow, and corrupt officials. He became famous defending union leader Eugene Debs in the land­mark Pullman Strike case and went from one headline case to the next—until he was nearly crushed by an indictment for bribing a jury. He redeemed himself in Dayton, Tennessee, defending schoolteacher John Scopes in the “Monkey Trial,” cementing his place in history. Now, John A. Farrell draws on previously unpublished correspondence and memoirs to offer a candid account of Darrow’s divorce, affairs, and disastrous finances; new details of his feud with his law partner, the famous poet Edgar Lee Masters; a shocking disclosure about one of his most controversial cases; and explosive revelations of shady tactics he used in his own trial for bribery. Clarence Darrow is a sweeping, surprising portrait of a leg­endary legal mind. From the Hardcover edition.

Legal Persuasion

A Rhetorical Approach to the Science
Author: Linda L. Berger,Kathryn M. Stanchi
Publisher: Routledge
ISBN: 1351623699
Category: Law
Page: 170
View: 1334

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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.

The Art of Public Speaking


Author: Dale Carnegie
Publisher: Diamond Pocket Books Pvt Ltd
ISBN: 9352789431
Category: Self-Help
Page: 384
View: 4013

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The efficiency of a book is like that of a man, in one important respect: its attitude toward its subject is the first source of its power. A book may be full of good ideas well expressed, but if its writer views his subject from the wrong angle even his excellent advice may prove to be ineffective. This book stands or falls by its authors' attitude toward its subject. If the best way to teach oneself or others to speak effectively in public is to fill the mind with rules, and to set up fixed standards for the interpretation of thought, the utterance of language, the making of gestures, and all the rest, then this book will be limited in value to such stray ideas throughout its pages as may prove helpful to the reader–as an effort to enforce a group of principles it must be reckoned a failure, because it is then untrue.

Client Science

Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities
Author: Marjorie Corman Aaron
Publisher: Oxford University Press
ISBN: 0199970858
Category: Law
Page: 288
View: 2493

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Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.

The Tools of Argument

How the Best Lawyers Think, Argue, and Win
Author: Joel P Trachtman
Publisher: CreateSpace
ISBN: 9781481246385
Category: Law
Page: 186
View: 8853

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Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.