Aspen Publishing

Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, Fourth Edition

Michael R. Fontham, Michael Vitiello


  • ISBN: 9781543801729

In stock.

  • Description

    While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge’s time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Each case file is accompanied by its own Teacher’s Manual. Technological developments are explored, including electronic filing, video conference oral arguments, and electronic research.

  • Additional Product Details

    Publication Date: 7/2/2018
    Copyright: 2018
    Pages: 512
    Paperback: 9781543801729

    Summary of Contents

    Preface to the First Edition
    Preface to the Second Edition
    Preface to the Third Edition
    Preface to the Fourth Edition

    Part I. Persuasive Legal Writing
    1 Getting Started
    2 Writing Persuasively
    3 Writing for Clarity
    4 Editing
    5 Finding and Applying the Law

    Part II. Oral Argument
    6 Preparing for Oral Argument
    7 Presenting the Oral Argument

    Part III. Trial Proceedings
    8 Preparing Memoranda for the Trial Court and Research

    Part IV. Handling Appeals and Writs
    9 Taking an Appeal
    10 Applying the Standard of Review
    11 Preparing Appellate Briefs and Oral Argument
    12 Preparing Writ Applications, Petitions for Rehearing, and Appellate Motions

    Appendix I Problem: Olsen v. State of Arcadia
    Appendix II Example of an Appellate Brief