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In ancient Athenian courts of law, litigants presented their cases before juries of several hundred citizens. Their speeches effectively constituted performances that used the speakers’ appearances, gestures, tones of voice, and emotional appeals as much as their words to persuade the jury. Today, all that remains of Attic forensic speeches from the fifth and fourth centuries BCE are written texts, but, as Peter A. O’Connell convincingly demonstrates in this innovative book, a careful study of the speeches’ rhetoric of seeing can bring their performative aspect to life. Offering new interpretations of a wide range of Athenian forensic speeches, including detailed discussions of Demosthenes’ On the False Embassy, Aeschines’ Against Ktesiphon, and Lysias’ Against Andocides, O’Connell shows how litigants turned the jurors’ scrutiny to their advantage by manipulating their sense of sight. He analyzes how the litigants’ words work together with their movements and physical appearance, how they exploit the Athenian preference for visual evidence through the language of seeing and showing, and how they plant images in their jurors’ minds. These findings, which draw on ancient rhetorical theories about performance, seeing, and knowledge as well as modern legal discourse analysis, deepen our understanding of Athenian notions of visuality. They also uncover parallels among forensic, medical, sophistic, and historiographic discourses that reflect a shared concern with how listeners come to know what they have not seen.
DIVA successful former defense attorney exposes the raw truth about the courtroom “game” and a career spent defending the guilty/divDIV As an advocate for the accused in Newark, New Jersey, criminal lawyer Seymour Wishman defended a vast array of clients, from burglars and thieves to rapists and murderers. Many of them were poor and undereducated, and nearly all of them were guilty. But it was not Wishman’s duty to pass moral judgment on those he represented. His job was to convince a jury to set his clients free or, at the very least, to impose the most lenient punishment permissible by law. And he was very good at his job. Reveling in the adrenaline rush of “winning,” Wishman gave no thought to the ethical considerations of his daily dealings . . . until he was confronted on the street by a rape victim he had humiliated in the courtroom./divDIV /divDIVA fascinating, no-holds-barred memoir of his years spent as “attorney for the damned,” Wishman’s Confessions of a Criminal Lawyer is a startling and important work—an eye-opening, thought-provoking examination of how the justice system works and how it should work—by an attorney who both defended and prosecuted those accused of the most horrific crimes./div
In Fundamentals of Lawyer Leadership: A Skills Guide to Professional Identity Formation, we explore the aspects of leadership and professional identity formation that take root and begin to grow while students are in law school and throughout their lifelong journey as practicing attorneys and professionals. We like to describe professional identity and its formation as the process of becoming a complete lawyer; however, honing the skill sets of a complete lawyer takes time and study. Just as developing legal skills is a life-long endeavor, growing as a leader is a process that evolves over a lifetime. To become whole, healthy, skilled professionals, it is imperative that lawyers engage in a process of lifelong learning. That journey begins in law school, where professors help guide students not only in the formation of their professional identities, but also to develop as effective, thoughtful leaders. This process is vital, not merely as an ABA requirement, but to ensure the future of the profession. For students to develop as both professionals and leaders requires a personal, practical, and reflective approach to the issues. This ownership of continuous professional growth toward excellence, grounded in a service-oriented approach is a cornerstone of preparedness for leadership, and therefore, development as a lawyer. This textbook begins with professional identity formation and foundational leadership and what each means. In Part II, Leadership of Self: Growing into Leadership, the leadership journey requires looking inward to examine who you are, what type of lawyer you want to be, and how you will lead. In Part III, Leadership with Others: Effective Group Dynamics, the book covers topics such as building and nurturing relationships, developing emotional and cultural intelligence, becoming a valuable member of teams, civility, civil discourse, and creating inclusive environments. Finally, in Part IV, Leadership within Community: Service and Impact, the book examines the role of the lawyer in society, including crisis management, how to be prepared for moments of opportunity, and how you can use your skills to have influence and impact others. Contributing your energy to worthy causes about which you are passionate will bring purpose and satisfaction to your life. The authors are available to advise any law school faculty who plan to teach a leadership course and would be happy to discuss the lessons they’ve learned in teaching leadership. Their contact information will be provided upon request. Highlights of Second Edition: Incorporates more clearly the ABA’s requirements for professional identity formation (PIF) Discusses the intersection of that concept with leadership Provides a practical skills approach to becoming a professional Includes an overview of lawyers’ professional identity and formation as a first step to influence and impact through leadership Adds material on new topics, including: Civility and Civil Discourse Character Development o Addressing Fear, Failure, and Feedback Preparing for the future through innovation Design theory Technology The business of lawyering and marketing/branding Addresses the disruptions facing the profession (via changes such as artificial intelligence) and suggests a way forward Takes a fresh look at the issues facing those who would join the profession and gives meaningful, relevant guidance to prepare lawyers to be their best as they serve their clients and communities Professors and students will benefit from: A modular nature due to its multipartite organization, making the book uniquely adaptable for different settings, including: Leadership as a full course, incorporating a module into doctrinal courses, or providing leadership training in a professional development setting, and more A roadmap for teaching these concepts in an easy-to-understand manner that allows for flexibility and adaptability via its teaching framework A book and comprehensive resources written and designed for both new and experienced professors The emphasis of the themes of life-long professional development, lawyers’ ethical obligations, and service throughout
From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.