Book

Making Your Case: The Art of Persuading Judges

📖 Overview

Making Your Case: The Art of Persuading Judges is a guide to legal advocacy co-authored by Bryan A. Garner and Supreme Court Justice Antonin Scalia. The book presents strategies and techniques for written and oral arguments in court, drawing from the authors' expertise in legal communication and judicial decision-making. The text breaks down the components of persuasive legal argument into clear sections covering preparation, brief writing, and oral advocacy. Each chapter contains specific guidance on topics like framing issues, structuring arguments, and handling questions from the bench. The authors examine both foundational principles and practical details of legal persuasion, supported by examples from real cases and arguments. Their collaboration brings together perspectives from both sides of the bench - the advocate and the judge. Through its examination of legal rhetoric and persuasion, the book speaks to fundamental questions about how justice is sought through language and reason in the American legal system. The text serves as both a practical manual and a window into the mechanics of legal discourse.

👀 Reviews

Readers describe this as a detailed guide for written and oral legal arguments, with practical examples and clear principles. Law students and practicing attorneys note its usefulness for both new and experienced lawyers. Readers appreciate: - Step-by-step approach to building arguments - Tips for handling tough questions from judges - Writing style samples and before/after examples - Focus on real courtroom scenarios Common criticisms: - Some advice seems obvious/basic for experienced lawyers - Cost high for length/content - Too much focus on writing vs oral advocacy - Repetition of concepts from other legal writing books Ratings: Amazon: 4.7/5 (190 reviews) Goodreads: 4.2/5 (379 reviews) Notable reader comments: "Clear roadmap for persuasive legal writing" - Amazon reviewer "Would have been more helpful in law school than most textbooks" - Goodreads reviewer "Nothing groundbreaking but solid refresher" - Law student reviewer

📚 Similar books

Legal Writing in Plain English by Bryan A. Garner This guide provides techniques for clear legal writing based on principles that complement the persuasive strategies found in Making Your Case.

Point Made: How to Write Like the Nation's Top Advocates by Ross Guberman The book analyzes real examples from top lawyers to demonstrate effective legal writing and argument construction.

The Winning Brief by Bryan A. Garner This manual presents 100 specific writing techniques for constructing persuasive legal briefs and arguments.

Writing to Win: The Legal Writer by Steven D. Stark The text examines the fundamental elements of legal writing through concrete examples from court documents and briefs.

Think Like a Lawyer: Legal Reasoning for Law Students and Business Professionals by Kenneth J. Vandevelde This work breaks down the analytical and argumentative methods used by successful legal professionals into step-by-step processes.

🤔 Interesting facts

📚 The book was co-authored by Supreme Court Justice Antonin Scalia, who worked with Bryan A. Garner to combine their expertise in legal writing and advocacy. ⚖️ Many of the book's principles were tested in real courtrooms, as Garner and Scalia gathered feedback from dozens of judges before finalizing their recommendations. 📖 The authors disagreed on several points while writing the book, and rather than compromise, they chose to present their opposing viewpoints, giving readers multiple perspectives on controversial advocacy techniques. ✍️ Bryan A. Garner has been editor-in-chief of Black's Law Dictionary since 1995 and has written more than 20 books on legal writing and advocacy. 🎓 The book's structure follows the classical principles of rhetoric established by Aristotle, organizing persuasive techniques into logos (logical argument), pathos (emotional appeal), and ethos (ethical appeal).