Litigation and Administrative Advocacy: The Art and Science of Persuasion

Litigation and Administrative Advocacy: The Art and Science of Persuasion is a collection of fourteen articles that cover every aspect of the trial and tribunal process – from examinations for discovery, opening statements, examination and cross-examination of witnesses, to closing statements and argument. This advocacy text is a building block of key and innovative advocacy tips and imparts to the reader the important science of storytelling, effective persuasion, and how to become a reliable narrator.

Written by the Honourable Todd L. Archibald and a team of co-authors, the content in this book is founded upon Retired Justice Archibald’s advocacy teaching and training over the past forty years, the advocacy skills witnessed in court, and detailed discussions with barristers and judges concerning the art and science of persuasion. It also features a special foreword by the Honourable John I. Laskin.

Ample references to works in the fields of cognitive science, psychology, literature, and behavioural economics enhance the valuable advice presented in Litigation and Administrative Advocacy: The Art and Science of Persuasion, exploring topics such as:

• What Makes a Persuasive and Compelling Story;
• Understanding How People Make Decisions;
• Key Advocacy Tools for Discovery;
• Using the Opening Statement to Persuade;
• Framework for Applying Psychological/Behavioural Insights into ADR Practices;
• Moral Redress: The Value of an Apology or an Explanation;
• Effective Direct Examination;
• Use and Admissibility of Expert Evidence;
• The Science of Impeachment;
• The Closing Address in the Context of a Trial or Administrative Hearing;
• The Use of Documentary Evidence in a Digital Time;
• Burdens of Proof and Moral Incrementalism; and
• Much more

Who Should Read This Book
Litigation and Administrative Advocacy: The Art and Science of Persuasion will be a particularly useful reference book for law students, advocates, counsel, judges and adjudicators who attend and preside over motions, trials, mediations, arbitrations, and administrative tribunal hearings. Law schools and libraries will also want to add this new publication to their existing collections.