Motion Practice And Persuasion

This book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion.

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:

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.

This collection of essays written by The Curmudgeon, offers practical, honest and you need to know this advice for surviving and thriving in a law firm. The book covers the basics of law practice and law firm etiquette, from doing effective research and writing to dressing for success, dealing with staff and clients and building a law practice. Concise, humorous and full of valuable (albeit curmudgeonly) insight, this is a must-read for every newly minted law school graduate or new lawyer.

Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition, introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases and evidentiary software programs. Key features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists and additional tools throughout for use by current and future practitioners Course ancillaries including, PowerPointTM lecture slides and an Instructor’s Manual with Test Bank, are available with qualified course adoption.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

In today's remote-oriented, work-from-home world, clear, persuasive communication is more important than ever. People don't read, they skim. Persuasive images that attract, hold, and motivate an audience is essential. Techniques of Visual Persuasion shows how to use images to grab the viewer's attention long enough to powerfully share a message and move them to action. These techniques help you improve: Persuasive techniques Communication skills Business presentations Photos and images Videos and motion graphics To communicate clearly and effectively today, you need to consider how a message looks, as well as what a message says. This book is essential reading for anyone who wants to create change.

"To celebrate the twenty-fifth anniversary of the book’s release, [the authors] carry on the Aldisert tradition of revealing the 'nuts and bolts' of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. [This] update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the 'wired' courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy."--