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Presents the basics of writing legal briefs and giving oral arguments, with discussions on the essentials of building a case through legal reasoning and the key elements of persuasive and successful oral pleading in the courtroom.

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Book ID Asin: 0314184716
Book Title: Making Your Case: The Art of Persuading Judges
Book Author: Bryan A. Garner,Antonin Scalia
Book Format and Price:
Book Format Name: Kindle
Book Format Price: $22.79
Book Format Name: Hardcover
Book Format Price: $22.94
Book Format Name: Paperback
Book Format Price: from$29.40
Book Format Name: AudioCD
Book Format Price: —
Book Price: $22.94
Book Category: Books, Law, Rules & Procedures and unknown
Book Rating: 549 ratings

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

Name: Jared T.
Rating: 5.0 out of 5 stars
Title: A must have for ANY law student or litigation lawyer
Date: Reviewed in the United States on February 11, 2020
Review: This is a book written by Bryan Garner and Justice Antonin Scalia. Two of the most prolific legal writers in the 20th and 21st century, that alone should be enough to get you to pick it up. Political ideology aside (I disagree with many of his opinions) Justice Scalia was brilliant and his opinions were extremely well written. His advice on how to convince a judge and formulate a solid argument is invaluable. It is very breezy and easy to read, and very very useful. Even if you don't write briefs for a living this is a fascinating book. I highly recommend it, this book is a must have.

Name: Jerry Saperstein
Rating: 5.0 out of 5 stars
Title: A valuable book for non-lawyers and lawyers
Date: Reviewed in the United States on February 8, 2010
Review: Why would non-lawyers want to read a book on persuading judges? For several reasons actually. First, many of us are involved in work that requires persuading others to adopt our views. While legal argument is substantially more formal and rule-driven than what most of us do, learning how to construct a logical argument as if it were to be delivered to the court, that Is governed by deadlines, restrictions on length, the need to adhere to established fact (or to establish those facts) and to be neither groveling nor inflammatory can be applied to selling your widgets.

Perhaps more important is the fact that most people don't understand the impact of the court's decisions on our daily lives, our pocketbooks and our freedoms.

Nine people sit on the Supreme Court. They cannot be removed except for the most grievous crimes and then only if Congress were to agree. More than one Justice has demonstrated that you can be senile and sit on the nation's highest court. Going down the food chain, the same applies to the federal appellate and trial courts. It is unlikely that one person in a hundred can even name a local federal district court judge and probably not one in a thousand could name the nine Supreme Court justices.

Yet these men and women have tremendous impact on our lives, as do the thousands of state court justices.

I am not a lawyer, but I consult to them and am not a stranger to the courtroom, writing drafts for legal briefs, doing legal research and the like. I have seen a lot of judges in action and have learned, in general, to fear them. They can - and do - cause tremendous harm through ill-considered decisions, making decisions with insufficient facts, assuming they know more than they do and myriad other reasons. They are gods in their courtrooms and if your lawyer fails to persuade them of the justness of your cause, you lose.

Just how do these people reach their decisions?

While justice is supposed to be blind (fat chance!), the justices are human and thus persuadable.

Bryan Garner is a noted writer on legal writing. He is actually quite witty as he explains the use of the English language to lawyers who have had their understanding of words driven out of them in law school.

Antonin Scalia is a hero to many for the courageousness of his decisions and dissents, his belief that the Constitution is to be strictly interpreted and his generally brilliant writing style.

In 115, frequently witty, short chapters the two authors (who occasionally openly disagree) lay down their thoughts on how judges can be persuaded.

It is not all about legal writing; e.g, advice to not chew your fingernails and dressing appropriately for court. They advise on giving your oral argument, which a lot of sales and marketing people would do well to read, especially the guidance to "never speak over a judge". In a sales situation, I am surprised at how often the sales person displays his or her contempt for me by not only not listening to me, but presuming they understand the point I was going to make before they spoke over me. I don't know about you, but a lot of salespeople have lost business with me for doing that.

Some of the points the authors make are points of contention themselves: i.e., "swear off substantive footnotes - or not".

None of the material in this book is truly new. Law students get elements of it in their first year as do some college students. A lot can be found in books on to be a better salesperson: i.e., don't chew your fingernails, etc. And a lot of it is plain commonsense.

But that doesn't mean this book is unhelpful. First, it reveals in tiny part how Scalia evaluates the briefs he reads and arguments he hears, which in itself is a fascinating peek. The authors also put things many people may have forgotten through lack of use into perspective. Finally, they remind lawyers and non-lawyers alike that you often have only one shot at winning your argument so you had best put your best foot forward.

Scalia and Garner show you how to do it. Overall, this is a fun, informative and helpful read.

Jerry

Name: Leighton
Rating: 5.0 out of 5 stars
Title: Effective Fundamental Concepts
Date: Reviewed in the United States on February 27, 2019
Review: In the rush to improve, I focused on the latest frills and ideas. After multiple court battles, I have circled back to the basics of effective advocacy. The concepts shared in this book provide an excellent foundation for litigation. I was going to say I wished I had read it earlier in my career, but I am not sure if I would have appreciated its value without first having experienced the challenges of multiple trials, motions, and hearings before a judge.

Name: Gary T
Rating: 5.0 out of 5 stars
Title: A very good book that will give perspective on judge's views
Date: Reviewed in the United States on September 13, 2012
Review: I am still reading this book, but it is a treasure trove of inside information that one could only make educated guesses at. A lot of it just makes common sense, but when your interaction with judges is mostly very formalistic, you cannot be sure that what seems like common sense actually is.

Since the authors are highly placed in the judgery circles, and an academic who studies these things in practice for a living, the book distills down the unknowns and bolsters up the likelies so a person arguing in front of judges, either by submission or in open court, has a much better clue as to how to present their case. The book also covers the differences between trial court arguments, and appellate court arguments.
Ostensibly aimed at attorneys, this book even more valuable for pro se litigants who are not daily in court, and need an experienced maven to explain the the not so obvious ins and outs of how a judge will view their pleadings.

I am glad I spent the $16 on it, and am reading it on a kindle.

Name: C. Wilson
Rating: 5.0 out of 5 stars
Title: Comprehensive book, with good advice
Date: Reviewed in the United States on October 16, 2019
Review: I wish I had this when I was trying jury cases. I am going to give it to another, and younger attorney, who can use it as he tries cases. I helped him get started and this book will be continuing education from me to him. I feel we can always use "how to do it" information from people of success, like the author. Gives one a good feeling to help others.