Appellate Advocacy books can overwhelm students with a disparate mixture of appellate rules, arcane procedural requirements, multiple writing instructions, practice tips, etc. This book avoids that problem by focusing on the most important aspect of appellate advocacy: how to write a persuasive appellate brief. It sets forth very specific, well-defined rules--adapted from the recommendations of experienced appellate practitioners and judges--for students to learn and follow. Principles of Appellate Advocacy stresses three overreaching principles that students need to understand: (1) The perspective principle: putting the brief writer in the shoes of the judge; (2) The structural principle: building the brief around issues; and (3) The organizational principle: separating the thought process from the writing process. New to the Second Edition: Expanded coverage of standards of review, with explanations of the most commonly employed standards, examples from decisions using the standards and from briefs that apply them, plus exercises to assist students in recognizing the applicable standards of review. Increased emphasis on the concept of appealable error and preservation of issues. Additional exercises that require students to implement the rules for writing discussed in the text and to practice revision and editing techniques. An updated sample appellate brief that implements the book’s rules for writing a brief. A video illustrating the “dos and don’ts” of oral argument. Professors and student will benefit from these features: The direct, practical approach to teaching students how to write an appellate brief—the most important aspect of appellate advocacy. The concepts as presented are straightforward and accessible to facilitate understanding. Students will learn and then implement specific rules that appellate experts nationwide agree are essential to good appellate writing. The first edition has been proven effective by students in a very successful law school appellate program. This approach and these materials work.

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. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.

In this eminently browsable book, Bryan A. Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from a dazzling array of sources, ancient and modern. Novices and veterans alike will find helpful advice in these pages, which systematically explain the subtleties of the art more lucidly than any previous work has done.