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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.
An in-depth look at the nature and function of appellate courts, including general rule, litigation, exceptions, sua sponte, final judgment rule, state systems, initiating and perfecting an appeal, timeliness, standards of relief, purpose, content, modification or correction of record on appeal, effective brief writing, oral argument, internal operating procedures, time limitations, pre-hearing or summary disposition, opinions and mandates, written opinion, publication, and citation of opinions.
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.
"Family law matters are intimate, personal and touch upon people's most private treasures and issues. This perspective directly affects all aspects of domestic relations, including appellate practice. Serving as a practical guide on whether to appeal a family court decision, and then how to proceed with the appeal, this [book] is a valuable resource for both the newer and more seasoned family lawyer, and it fills a void in the literature by focusing on the unique issues involved in appealing a family law case."--
Berry's Effective Appellate Advocacy: Brief Writing and Oral Argument contains analysis that begins by providing an overview of the appellate process, including factors to consider before appealing. Technicalities of appealing are discussed, and extensive Internet sources are provided. Ethics of advocacy as informed by the new Model Rules with Internet sites provide the latest information. Sound persuasive theory is developed. Preparing and writing the opening, responding, and reply briefs, including examples, follows. Preparing and presenting the oral argument with examples concludes the appeal, absent post-argument procedures. These include post-argument memos and petition for rehearing or for writ of certiorari. Closing the case after appeal concludes the text.
Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence. Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.