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This book is a new primary text for use in clinical, externship, legal writing, interviewing, negotiation, counseling, trial/appellate advocacy, and doctrinal courses. This text centers narrative theory as an effective way to teach law school courses and to practice the full range of lawyering skills. Using multimedia examples, as well as exercises drawn from actual lawyering situations, the book describes, explores, and analyzes the interrelationship between narrative and lawyering. The book addresses the broad spectrum of skills and practice areas and fora that the profession increasingly demands. The book contributes to the growing literature on professional identity formation with updated chapters on critical lawyering, anti-racism, and cultural humility, and expanded chapters on trial and other forms of oral advocacy. This is a comprehensive book for using narrative, stories, and storytelling to develop more fully and effectively as a lawyer. The book provides the theory and information for planning for, conducting, and reflecting on various lawyering activities. In addition, the authors make the teaching relatable and transferable to a variety of contexts by using concrete examples drawn from their own extensive practice, writing, and teaching using lawyering and narrative.
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.
Lawyers and Clients: Critical Issues in Interviewing and Counseling examines practical and theoretical challenges lawyers face with clients. Each chapter explores a critical issue in interviewing and counseling, such as developing connection across difference, dealing with atypical clients, and using engaged client-centered counseling. Ellmann, Dinerstein, Gunning, Kruse, and Shelleck investigate these issues primarily through detailed analysis of lawyer-client conversations, which invite the reader to consider and critique the lawyer's choices. A key theme is "engaged client-centered lawyering," which emphasizes the importance of client choice and the impact of lawyers on clients, and affirms lawyers' ability to achieve wise engagement with clients.
ISBN: 978-1-63425-914-9 2017, 416 pages, 6 x 9, Paperback and E-Book Loaded with practical case studies, surveys, checklists, and appendices provided by top litigation experts from across the nation, Tell the Client's Story provides litigation teams the best strategies for effective mitigation work in criminal and capital cases. This book will benefit seasoned defense professionals, while also providing crucial guidance for attorneys and other professionals with limited or no experience in mitigation techniques.
Your Client’s Story: Persuasive Legal Writing centers on the foundations of advocating for a client, with a focus on ways to persuade the reader to grant the relief each client seeks. That sets it apart from other legal writing textbooks, which mainly organize around parts of an appellate brief. Organized to reflect the client-advocacy process that results in written documents, the text begins with meeting the client, moves to investigating the facts, and then provides guidance on analyzing and choosing the appropriate persuasive strategy. The material is rooted in concepts of narrative theory, brain science, and cognitive psychology. The book is written in an easy-to-read, conversational style to guide students through an explanation that classical rhetoric and modern persuasion theory provide the foundation for memorable legal writing. Coverage includes both the trial and appellate levels. By focusing on the process of persuasion, Your Client’s Story: Persuasive Legal Writing creates strong connections between the first-year objectives and the upper-level skills, externship, and clinic courses. Editable versions of the sample briefs appear in the appendices so that professors can tailor them to individual needs. New to the Second Edition: A new chapter on logical fallacies, unique among legal coursebooks, categorizing and describing 16 common logical fallacies, providing examples and guidance on how to spot and avoid them A new chapter on reasoning with facts (inferential reasoning), covering fact synthesis, weight of facts, and drawing negative inferences from the absence of critical facts Expanded coverage of how to write a powerful conclusion to your brief Professors and students will benefit from: This book focuses on the question, “How can the lawyer persuade the audience through legal writing?” rather than “What does a brief look like?” This book puts the facts first. It is the only text on the market to devote several chapters to factual research, fact synthesis, and reasoning with facts. The client-centered focus makes this textbook unique in the legal writing market. By learning how to effectively tell “Your Client’s Story,” this book helps students stay grounded in client-based advocacy. The book includes more extensive coverage of visual design than competing books, including a discussion of visualized legal reasoning. The authors have individually and collective written germinal legal scholarship about legal narrative and legal document design. The authors are all prior presidents of the Legal Writing Institute. One of them is the co-editor-in-chief of the legal journal devoted to publishing persuasive-writing articles for practicing attorneys.
The practice of law is the business of persuasion, and storytelling is the most effective means of persuading. A credible lawyer capable of telling a well-reasoned story that moves the listener will always beat the lawyer who cannot. This entertaining book shows you how to convey legal information in a cogent, persuasive way to the client who needs the help, to opposing counsel, and to the decision-maker who has to make the final call.
"Law school book for first-year, Fall and Spring-semester legal writing and research courses"--
The Narrative Gym by Dr. Randy Olson presents a new model for messaging and communication. It's a short, practical guide to the ABT Framework (And, But, Therefore) which needs to be on the desk of everyone crafting a message, essay, strategy, novel, campaign, proposal, presentation, screenplay, argument, joke, ballad, report ... pretty much all communication.There is no other book on the ABT Framework. There is no other analytical model for narrative structure like the ABT Framework. This is a new and unique resource. The ABT seems like something from elementary school and at its core is as old as the ancient Greeks, but the formulation only began less than a decade ago.The original insights for this communication model come from Hollywood screenwriting. The importance of the three words (And, But, Therefore) began with legendary screenwriting instructor Frank Daniel of the U.S.C. School of Cinematic Arts who in a 1986 speech first talked of replacing the word "and" with either "but" or "therefore" to strengthen the narrative content of a text. This was propagated by his students, then articulated by the co-creators of the animated series, "South Park," in a 2011 documentary. Randy Olson formulated the ABT Narrative Template ("___ AND ___ BUT ___ THEREFORE ___") in his 2013 TEDMED Talk, and his 2015 book, "Houston, We Have A Narrative." It is at the heart of how humans have communicated for thousands of years. You can see it in the Gettysburg Address, nursery rhymes, argumentation, comic structure, myths, the billion-viewed "Call Me Maybe" song from Carlie Rae Jepsen, the 1600's poem "To His Coy Mistress," blockbuster movies - on and on. It's at the core of everything memorable because it is narrative itself. The bottom line is: You've got something to say AND you know it's important, BUT you're having trouble boiling it down to its powerful and essential core, THEREFORE you need the ABT Framework. "The Narrative Gym is the definitive communications tool for the Information Society." - Michael Strauss, Former head of the Office of Science Quality Review, U.S.D.A.
The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.