Point Well Made: Oral Advocacy in Motion Practice

Today's litigator must master arguing motions to succeed. How can you effectively argue a motion before a judge? How do you prepare for a motion hearing, which if you are lucky, turns into a discussion with a judge who may be concerned with nuances you may or may not have considered? In Point Well Made: Oral Advocacy in Motion Practice, Indiana Court of Appeals Chief Judge Nancy Vaidik and legal international communications coach Rebecca Diaz-Bonilla help get you there, with their invaluable perspectives from both on and off the bench. They teach you not only what to prepare before the hearing, but also how to be nimble and responsive once you arrive.

Point Well Made is a hands-on, practical guide that helps you devise your theme, persuasively relay your facts, simplify the law, prepare the right notes for the hearing, gain insight into your particular judge so you can customize your argument, deliver the motion with successful voice and body language techniques, and answer challenging questions with confidence. It helps you know what to say and how to say it, features sample language to address the varied situations you may encounter in a hearing, advises you on dealing with a multi-judge panel, and demonstrates techniques through examples and exercises.

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Point Well Made: Oral Advocacy in Motion Practice

Today's litigator must master arguing motions to succeed. How can you effectively argue a motion before a judge? How do you prepare for a motion hearing, which if you are lucky, turns into a discussion with a judge who may be concerned with nuances you may or may not have considered? In Point Well Made: Oral Advocacy in Motion Practice, Indiana Court of Appeals Chief Judge Nancy Vaidik and legal international communications coach Rebecca Diaz-Bonilla help get you there, with their invaluable perspectives from both on and off the bench. They teach you not only what to prepare before the hearing, but also how to be nimble and responsive once you arrive.

Point Well Made is a hands-on, practical guide that helps you devise your theme, persuasively relay your facts, simplify the law, prepare the right notes for the hearing, gain insight into your particular judge so you can customize your argument, deliver the motion with successful voice and body language techniques, and answer challenging questions with confidence. It helps you know what to say and how to say it, features sample language to address the varied situations you may encounter in a hearing, advises you on dealing with a multi-judge panel, and demonstrates techniques through examples and exercises.

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Point Well Made: Oral Advocacy in Motion Practice

Point Well Made: Oral Advocacy in Motion Practice

Point Well Made: Oral Advocacy in Motion Practice

Point Well Made: Oral Advocacy in Motion Practice

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Overview

Today's litigator must master arguing motions to succeed. How can you effectively argue a motion before a judge? How do you prepare for a motion hearing, which if you are lucky, turns into a discussion with a judge who may be concerned with nuances you may or may not have considered? In Point Well Made: Oral Advocacy in Motion Practice, Indiana Court of Appeals Chief Judge Nancy Vaidik and legal international communications coach Rebecca Diaz-Bonilla help get you there, with their invaluable perspectives from both on and off the bench. They teach you not only what to prepare before the hearing, but also how to be nimble and responsive once you arrive.

Point Well Made is a hands-on, practical guide that helps you devise your theme, persuasively relay your facts, simplify the law, prepare the right notes for the hearing, gain insight into your particular judge so you can customize your argument, deliver the motion with successful voice and body language techniques, and answer challenging questions with confidence. It helps you know what to say and how to say it, features sample language to address the varied situations you may encounter in a hearing, advises you on dealing with a multi-judge panel, and demonstrates techniques through examples and exercises.


Product Details

ISBN-13: 9781601566225
Publisher: National Institute for Trial Advocacy
Publication date: 03/03/2017
Sold by: Barnes & Noble
Format: eBook
Sales rank: 853,429
File size: 7 MB

Table of Contents

CHAPTER ONE: PREPARING FOR THE HEARING1.2  Review and Refine Your Factual Theory 1.3  Create Your Theme 1.4  Know Your Timing1.5  Pick Your Strongest Two or Three Arguments1.6  Know the Other Side's Case1.7  Consider Calling Witnesses 1.8  Consider Exhibits and Demonstratives1.9  Anticipate Questions1.10  Be Ready to Negotiate1.11  Short-Term and Long-Term Consequences1.12  Planning Worksheet 1.13  Prepare a Long and a Short Script1.14  Prepare the Materials You Need for Court
CHAPTER TWO: KNOW YOUR AUDIENCE: THE JUDGE2.1  The Judge and His Motivating Concerns2.2  A Judge and His Knowledge: A Sliding Scale2.3  A Judge and Opinions, Attitudes, and Beliefs2.4  A Judge and His Relationships with Others2.5  The Judge and the Courtroom2.6  The Judge's Personality2.7  How Do You Research the Judge?2.8  Putting It All Together
CHAPTER THREE: THEMES: THE WHAT, THE WHY, AND THE HOW3.1  The What3.2  The Why3.3  The How3.4  What Do You Do with It?
CHAPTER FOUR: FACTS4.1  Context before Facts4.2  Facts, Not Conclusions4.3  Coulda, Woulda, Shoulda4.4  Crucial Facts Only4.5  Reasonable Inferences4.6  Bad Facts4.7  Overstating the Facts4.8  Word Choice4.9  Exhibits 4.10  Creating Visual Pictures4.11  Creating the Story of Your Motion4.12  Speed Crafting
CHAPTER FIVE: THE LAW5.1  Keep It Simple5.2  But, Do Not Oversimplify5.3  Know the Law5.4  Use the Law Elegantly5.5  Argue the Purpose of or the Common Sense Reason Behind the Law5.6  Practice Aloud 5.7  Practice Discussing the Law Conversationally5.8  Do Not Flip a Stylistic Switch5.9  Do Not Read to the Judge
CHAPTER SIX: RESPONDING TO QUESTIONS6.1  Steps to Answering Questions6.2  Humpty Dumpty v. The King6.3  Types of Questions6.4  Multi-Judge Panels6.5  Oh, Yeah, and ...
CHAPTER SEVEN: STRUCTURE AND PREPARATION SYSTEMS7.1  Component Parts and Structure of Motions7.2  Think Flexibility7.3  Long Script7.4  Short Script7.5  Bullet Points (with Transitions)7.6  Law-Driven System7.7  Question-Driven System7.8  Point/Counterpoint7.9  Theme7.10  Deliver It from Your Hand7.11  Logistics
CHAPTER EIGHT: REBUTTALS8.1  Part One of Your Rebuttal (Two to Three Minutes)8.2  Part Two of Your Rebuttal (One Minute)8.3  Part Three of Your Rebuttal (One to Two Minutes)
CHAPTER NINE: "NOW THAT I KNOW WHAT I WANT TO SAY, HOW DO I SAY IT?"9.1  Voice9.2  Body Language9.3  Make Genuine Eye Contact
CHAPTER TEN: THE "IT FACTOR"10.1  Conviction: Believe in Your Cause10.2  Confidence: Conquer Your Nerves10.3  Likability 10.4  Stage Presence10.5  Conclusion
APPENDIXMotion Planning Worksheet
SUBJECT INDEX

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