Making Your Case: The Art of Persuading Judges
(with Justice Antonin Scalia, West, 2008)
Two of the brightest, boldest legal writers of the modern era team up to explain, in short compass, every important principle of advocacy — both written and oral. The authors bring to bear on their discussion the enduring insights of Aristotle, Cicero, and Isocrates, as well as the most accomplished advocates of today. They have created a fresh, original work that takes a down-to-earth approach to the art of persuasion in American courts today.
Now Justice Antonin Scalia and Bryan A. Garner address the perennial question with a detailed answer adapted to the modern era. Drawing on the copious literature – the recorded thoughts of great lawyers throughout history – the authors have systematically worked through their answer in 115 sections that deal with principles of persuasion, legal reasoning, brief-writing, and oral argument. The result is a compendium of advice like no other, leavened with the authors’ trenchant wit and lucid prose style.
Every lawyer, from the beginner to the courtroom veteran, will benefit from reading and then regularly consulting this important new book, which combines the practical wisdom of an incisive Supreme Court Justice with the learning of a renowned writer on advocacy and the effective use of the English language. Even those outside the legal profession will find this guide useful in understanding persuasion in general and the American legal system in particular.