Point Well Made 1st edition by Nancy Harris Vaidik, Rebecca Diaz Bonilla – Ebook PDF Instant Download/Delivery: B094XCB4KL , 978-1601569431
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ISBN 10: B094XCB4KL
ISBN 13: 978-1601569431
Author: Nancy Harris Vaidik, Rebecca Diaz Bonilla
Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made:Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made.
Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage.
In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys.
The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide.
Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.
Point Well Made 1st Table of contents:
Chapter 1: “10,000-Foot View”
1.1 The Neglected Art of Oral Persuasion
1.2 Two Types: Prepared and Spontaneous
1.3 Rhetoric
1.4 Road Map
Chapter 2: Know Your Audience: The Judge(s)
2.1 The Judge’s Motivating Concerns
2.1.1 Fairness and Justice
2.1.2 Reversal
2.1.3 The Parade of Horribles
2.1.4 Desire for Consistency in Rulings
2.1.5 Concern for Time, an Overloaded Docket, and Clarity
2.2 A Judge’s Knowledge: A Sliding Scale
2.2.1 Reads Nothing, Little, or Everything
2.2.2 Expertise in Area of Law
2.3 A Judge and Opinions, Attitudes, and Beliefs
2.3.1 Judicial Philosophy
2.3.2 Conservative versus Liberal Views
2.3.3 A Word About Handling Differing Opinions, Attitudes, and Beliefs in an Appellate Court
2.4 A Judge’s Relationships with Others
2.4.1 The Judge and the Public
2.4.2 Alignment of the Judge with Opposing Counsel or You
2.4.3 Fellow Judges
2.4.4 Multiple Judges
2.5 The Judge and the Court
2.5.1 The Extent of the Judge’s Questioning
2.5.2 Argument Day
2.5.3 Energy and Humor
2.5.4 Dealing with Opposing Counsel
2.5.5 Law Clerk
2.5.6 Formal versus Informal
2.6 The Judge’s Personality
2.6.1 Personal Attributes
2.7 How Do You Research the Judge?
Chapter 3: Preparing for Arguments
3.1 Know the Legal Theory and Its Support
3.1.1 Magic Words
3.1.2 Understanding the Rationale Behind the Law
3.1.3 Knowing the Law = Credibility
3.2 Review and Refine Your Factual Theory
3.3 Create Your Theme
3.4 Know Your Timing
3.5 Pick Your Strongest Two or Three Arguments
3.5.1 How to Order Your Arguments
3.5.2 Prepare to Get to the Point
3.5.3 Inconsistent Arguments
3.6 Know the Other Side’s Case
3.7 Consider Calling Witnesses—In a Motion Hearing
3.8 Consider Exhibits and Demonstratives
3.9 Anticipate Questions
3.10 Be Ready to Negotiate
3.11 Short-Term and Long-Term Consequences
3.12 Planning Worksheet
3.13 Prepare a Long and a Short Script
3.14 Know the Architecture of an Argument
3.15 Prepare the Materials You Need for Court
Chapter 4: Themes: The What, the Why, and the How
4.1 The What
4.2 The Why
4.3 The How
4.3.1 The Memorable Theme
4.3.2 Bad Themes
4.4 What Do You Do with It?
4.5 Avoid Theme Rot
4.6 Theme Affirmation
Chapter 5: Facts
5.1 The Power of Facts
5.2 Be a Storyteller
5.2.1 Create a Hero and a Villain
5.2.2 Contextualize
5.2.3 Crucial Facts Only
5.2.4 The Goldilocks Principle
5.3 Playing Chess
5.3.1 Reasonable Inferences
5.3.2 Coulda, Shoulda, Woulda
5.4 Employ the Senses
5.4.1 Exhibits
5.4.2 Creating Visual Pictures
5.4.3 Word Choice
5.4.4 Speed-Crafting
5.5 Pitfalls
5.5.1 Facts, not Conclusions
5.5.2 Overstating Facts
5.5.3 Don’t Hide
Chapter 6: The Law
6.1 Keep It Simple
6.2 Cookie Cutters
6.3 Do Not Oversimplify
6.4 Spot the Difference
6.5 Use the Law Elegantly
6.6 Argue the Purpose of or the Commonsense Reason Behind the Law
6.7 The Real World
6.8 Practice Aloud
6.9 Practice Discussing the Law Conversationally
6.10 Do Not Flip a Stylistic Switch
6.11 Do Not Read to the Judge
6.12 Dolphining: Speaking to a Panel of Judges
Chapter 7: The Questioning Formula
7.1 Formula for Answering Questions
7.1.1 Step One: Listen to the End of the Question
7.1.2 Step Two: Pause Before You Answer
7.1.3 Step Three: Ask Clarifying Questions, If Necessary
7.1.4 Step Four: Directly Answer the Question First
7.1.5 Step Five: Explain Your Answer
7.1.5.1 Pick a pathway
7.1.5.2 Decide the Depth and Breadth of Your Answer
7.1.6 Step Six: Transition Back to Your Argument and Your Strengths
7.2 Common Problems to Avoid
Chapter 8: A Periodic Table of Questions
8.1 Humpty Dumpty v. The King
8.2 Open versus Closed Questions
8.3 The Kickoff Question
8.4 The “Blank Out”
8.5 The “I Don’t Know” Question
8.6 The “Outside the Record” Question
8.7 The Softball Question
8.8 The Genuine Inquiry
8.9 The Hostile Question and the Insistent Judge
8.10 The Hypothetical Question
8.11 The Rabbit Hole
8.12 The Confused Judge
8.13 The Misinformed Judge
8.14 The Suspicious Judge
8.15 The “Let’s Make a Deal” Discussion
8.16 Concessions
8.17 Engaging the Disengaged Judge
8.18 The Guillotine
8.19 The Win
8.20 When You Sit Down
8.21 Oh, Yeah, and . . .
Chapter 9: Questions from the Multi-Judge Court
9.1 Who Is in Charge Here?
9.2 Eye Contact
9.3 The “I Don’t Know” Question
9.4 The Softball Question
9.5 Concessions
9.6 The Hostile Question from a Hijacking Judge
9.7 The Crossfire Question
9.8 The “Let’s Make a Deal” Discussion
9.9 The Interrupting Judge
9.10 The Consistency Question
9.11 Common Questions from an Appellate Bench
9.12 Visual Table
Chapter 10: Appeals to the Concern of the Judge
10.1 Fairness
10.2 Reversal
10.3 Desire for Consistency
10.4 Concern for Time and an Overloaded Docket—In a Motion Hearing
10.5 The Parade of Horribles
10.6 Tailoring the Argument to the Trial Judge for a Motion Hearing
10.7 Tailoring the Argument to the Appellate Bench
Chapter 11: Structure and Note Preparation Systems
11.1 The Architecture of an Oral Argument
11.1.1 The Beginning
11.1.1.1 Greet the Court
11.1.1.2 State Your Theme and Why It Matters to the Court
11.1.1.3 The Road Map
11.1.1.4 The Appellee’s/Respondent’s Beginning
11.1.2 The Middle
11.1.2.1 Sketch Out Essential Points You Must Make in the Middle
11.1.2.2 Other Organizational Systems to Make Your Affirmative Points
11.1.2.3 Questioning
11.1.2.4 Dolphining: Gluing Theme, Facts, and Law Together
11.1.2.5 The Respondent’s and Appellee’s Middle
11.1.3 The Ending
11.1.3.1 Appeal to the Motivating Concerns of the Judge
11.1.3.2 A Return to Your Theme
11.1.3.3 The Ask
11.1.3.4 The Movant/Appellant’s End
11.2 Long Script
11.3 Short Script
11.4 Note Preparation for Flexibility
11.4.1 Bullet Points (with Transitions)
11.4.2 Law-Driven System
11.4.3 A Fact-Based System
11.4.4 Question-Driven System
11.4.5 Point/Counterpoint
11.4.6 Theme
11.4.7 Deliver It from Your Hand
11.5 Logistics
11.6 Preparing Your Three-Ring Binder
Chapter 12: Rebuttals
12.1 Ineffective Rebuttals
12.2 The Parts of an Effective Rebuttal
12.2.1 Part One of Your Rebuttal (Two Minutes)
12.2.2 Part Two of Your Rebuttal (One Minute)
12.2.3 Part Three of Your Rebuttal (One to Two Minutes)
12.3 Analogies and Metaphors
12.4 Surrebuttal
Chapter 13: “Now That I Know What to Say, How Do I Say It?”
13.1 Voice
13.1.1 Volume
13.1.2 Articulation
13.1.3 Pitch
13.1.4 Range
13.1.5 Inflection
13.1.6 Speed
13.1.7 Pauses
13.1.8 Operative Words
13.2 Body Language
13.2.1 The Six Most Common Body Language Errors
13.2.2 “Home Base”
13.2.3 Gestures
13.2.4 Facial Expression
13.2.4.1 Resting Facial Expression: How to Find and Change It
13.2.4.2 Matching Facial Expression with Your Words
13.2.4.3 Poker Face and More
13.3 Make Genuine Eye Contact
Chapter 14: The “It Factor”
14.1 Conviction: Believe in Your Case
14.2 Confidence: Conquer Your Nerves
14.2.1 Vocal Problems
14.2.2 Body Language Problems
14.2.3 Other Problems
14.3 Trustworthiness
14.4 Excellence: Do Your Homework
14.5 Connection: Get Out of Your Own Head and Build Rapport
14.5.1 Learn to Act
14.6 Be Yourself
Chapter 15: Practice Your Argument Early and Often
15.1 Practice Early
15.2 Practice Alone
15.3 Practice with a Colleague, Partner, or Friend
15.4 Visualize
15.5 The Moot Court
15.6 The Evaluation Form for Moots and Other Practices
15.7 Prepare and Practice a Simple Presentation in Five Minutes
Chapter 16: Remote Arguments: The New Normal?
16.1 Check the Court Rules
16.2 Ensure Your Technology Works and You Know How to Use It
16.3 Choose a Space with No or Minimal Distractions
16.4 Decide Whether to Sit or Stand
16.5 Prepare Your Notes
16.6 Dress the Part
16.7 Be Early
16.8 Teleconferences
16.8.1 Listen Intently
16.8.2 Get to the Point Quickly and Concisely
16.8.3 Be Aware of Your Voice
16.8.4 Eliminate Filler and Qualifier Words
16.8.5 Enunciate Your Words
16.9 Video Conferences
16.9.1 The Setup
16.9.1.1 The Computer
16.9.1.2 The Background
16.9.1.3 The Lighting
16.9.1.4 The Picture Frame
16.9.1.5 Your Dress
16.9.1.6 Makeup and Hair
16.10 Other Tips for Videoconferences
16.10.1 Look into the Camera
16.10.2 Facial Expressions
16.10.3 Gestures and Other Movement
16.10.4 Exhibits
16.11 Additional Considerations in Multi-Judge Arguments
16.11.1 Regular Questioning
16.11.2 Sequential Questioning
16.12 Conclusion
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