Remote Advocacy In A Nutshell

The definitive guide to the brave new world of remote advocacy for the trial and appellate practitioner--as well as law students and recent law grads. Full of keen insights and practice tips to help you be the best advocate you can be in remote proceedings of all types, including remote courtrooms (hearings, bench and jury trial), arbitrations, mediations, appellate practice, depositions, and other forums. This book combines leading research on persuading audiences over remote platforms combined with tips on conquering the technical aspects of using remote platforms to your fullest potential. A useful tech section covers the basics to more advanced applications. Based on extensive troubleshooting sessions and discussions with judges and lawyers in remote proceedings following the onset of the COVID-19 crisis, this is the essential guide for remote proceedings that have since proliferated in the legal world--while acknowledging the continuing need for remote advocacy in the future.

The COVID-19 pandemic has changed nearly every aspect of a trial lawyer’s professional life but one: the need to provide skilled and competent advocacy to their clients. Remote Advocacy: A Guide to Survive and Thrive is a collection of thirteen essays designed to help you adapt to the whiplash changes your practice and the justice system have endured this year. With topics ranging from video-conferencing etiquette, attorney-client interviewing and relationship building, ethics, and discovery, to mediation and arbitration, pro se litigants, and hearings from a judge’s perspective, these essays will provide you with practical guidance for lawyering in a time of extraordinary change. Sharing their insight and experience in these pages are NITA faculty and authors Mary Jo Barr, A.J. Bellido de Luna, Elizabeth Boals, Rebecca Diaz-Bonilla, Reuben Guttman, Sidney Kanazawa, and Whitney Untiedt, among others. Whether you read it cover to cover or reach for it for a specific topic, you will find pragmatic advice to help you handle our changing legal environment.

Effective Advocacy: in General; Theme; Structure; Appellate Process: Overview, Review Standards, Record, Jurisdiction. Multi-Judge Panels; Levels of Review: State Intermediate Courts, State Courts of Last Retort, Federal Courts of Appeals, Supreme Court; Taxonomy of Cases: Importance of Classification, Procedure; Criminal, Contracts, Torts, Administrative, Statutory, Constitutional; Arguments: In General, Fact; Doctrine, Policy; Process, Institutional; The Brief: Formalities, Petitioner, Respondent, Reply Briefs, Amicus, Questions Presented, Front Matter, Point Headings, Statement of Facts, Summary of Argument, Footnotes; Oral Argument: Preparation, Formalities, Style, First Petitioner, Second Petitioner, First Respondent, Second Respondent, Rebuttal, Authority, Hot and Cold Benches, Questions, Concluding; A Way of Working: Planning the Oral Argument, Learning From Experience, Planning, Performing and Reviewing Recursively (The Brief); Integrity of Argument.

Ninety percent of all civil cases never make it the jury; they are resolved through a pretrial process that is today the unsung forum for dispute resolution. Rather than teaching lawyers to abandon evidence and trial skills, Pretrial Advocacy does the opposite; it teaches lawyers that modern litigation is “front loaded” and cases must be prepared with the assumption that they will be tried. As the authors note, it is the rigor of the pretrial process that drives resolution. From the first client interview through motions practice, you will learn to effectively evaluate cases, draft complaints, conduct informal and formal discovery, prepare and respond to motions, negotiate with opposing counsel, and, if necessary, be ready for trial. Pretrial Advocacy is the ideal textbook for law school clinics, law school pretrial litigation courses, and practicing lawyers. Both practical and theoretical, it teaches litigation as a process informed by rules and cases, but also by strategic considerations. Its hands-on and accessible text makes it a perfect reference for learning skills and a continuing reference. Professors and students will benefit from: Practical guidance for each step of representation, backed up by citations and references for deeper understanding of each topic An accessible writing style that puts the needed information right at the reader’s fingertips Tips to foster the attorney’s relationships with clients, opposing counsel, and the court

Lord Pannick celebrates advocacy: that controversial legal issues are decided in court after reasoned argument in which the participants refrain (usually) from shouting, personal insults or threats, and the points on each side of the debate are tested for their relevance, their accuracy, and their strength. The book seeks to identify the central characteristics of good and bad advocacy with the aid of examples from courtrooms in the UK and abroad. Lord Pannick also examines the morality of advocacy - that the advocate sets out views to which he does not necessarily subscribe, on behalf of clients for whom she may feel admiration, indifference, or contempt. Lord Pannick seeks to answer the question he is often asked - more by friends than by judges - 'How can you act for such terrible people?'. Finally, he addresses the future of advocacy, arguing it should and will survive pressures for efficiency and technological developments.

Bringing together some of the most respected scholars in the field, including Inderpal Grewal, Leela Fernandes, Leigh Gilmore, Susan Koshy, Patrice McDermott, and Sidonie Smith, Just Advocacy? sheds light on the often overlooked ways that women and children are further subjugated when political or humanitarian groups represent them solely as victims and portray the individuals that are helping them as paternal saviors.

This book provides a range of perspectives offering valuable insights, suggestions and advice to stimulate ideas for establishing, growing and modifying a Child Advocacy Centre (CAC) model and multi-agency collaboration in order to build capacity to respond to the incredibly diverse types of cases, children, youth and families that come through a CAC’s doors.

Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made:Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made. Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage. In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys. The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide. Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.