Point Well Made: Oral Advocacy in Motion Practice

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Print Book :Softbound, 182 pages
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ISBN/ISSN: 9781601566218
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ISBN/ISSN: 9781601566225
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ISBN/ISSN: 9781601566225
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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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Table of contents

CHAPTER ONE: PREPARING FOR THE HEARING
1.2  Review and Refine Your Factual Theory
1.3  Create Your Theme
1.4  Know Your Timing
1.5  Pick Your Strongest Two or Three Arguments
1.6  Know the Other Side's Case
1.7  Consider Calling Witnesses
1.8  Consider Exhibits and Demonstratives
1.9  Anticipate Questions
1.10  Be Ready to Negotiate
1.11  Short-Term and Long-Term Consequences
1.12  Planning Worksheet
1.13  Prepare a Long and a Short Script
1.14  Prepare the Materials You Need for Court

CHAPTER TWO: KNOW YOUR AUDIENCE: THE JUDGE
2.1  The Judge and His Motivating Concerns
2.2  A Judge and His Knowledge: A Sliding Scale
2.3  A Judge and Opinions, Attitudes, and Beliefs
2.4  A Judge and His Relationships with Others
2.5  The Judge and the Courtroom
2.6  The Judge's Personality
2.7  How Do You Research the Judge?
2.8  Putting It All Together

CHAPTER THREE: THEMES: THE WHAT, THE WHY, AND THE HOW
3.1  The What
3.2  The Why
3.3  The How
3.4  What Do You Do with It?

CHAPTER FOUR: FACTS
4.1  Context before Facts
4.2  Facts, Not Conclusions
4.3  Coulda, Woulda, Shoulda
4.4  Crucial Facts Only
4.5  Reasonable Inferences
4.6  Bad Facts
4.7  Overstating the Facts
4.8  Word Choice
4.9  Exhibits
4.10  Creating Visual Pictures
4.11  Creating the Story of Your Motion
4.12  Speed Crafting

CHAPTER FIVE: THE LAW
5.1  Keep It Simple
5.2  But, Do Not Oversimplify
5.3  Know the Law
5.4  Use the Law Elegantly
5.5  Argue the Purpose of or the Common Sense Reason Behind the Law
5.6  Practice Aloud
5.7  Practice Discussing the Law Conversationally
5.8  Do Not Flip a Stylistic Switch
5.9  Do Not Read to the Judge

CHAPTER SIX: RESPONDING TO QUESTIONS
6.1  Steps to Answering Questions
6.2  Humpty Dumpty v. The King
6.3  Types of Questions
6.4  Multi-Judge Panels
6.5  Oh, Yeah, and ...

CHAPTER SEVEN: STRUCTURE AND PREPARATION SYSTEMS
7.1  Component Parts and Structure of Motions
7.2  Think Flexibility
7.3  Long Script
7.4  Short Script
7.5  Bullet Points (with Transitions)
7.6  Law-Driven System
7.7  Question-Driven System
7.8  Point/Counterpoint
7.9  Theme
7.10  Deliver It from Your Hand
7.11  Logistics

CHAPTER EIGHT: REBUTTALS
8.1  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  Voice
9.2  Body Language
9.3  Make Genuine Eye Contact

CHAPTER TEN: THE "IT FACTOR"
10.1  Conviction: Believe in Your Cause
10.2  Confidence: Conquer Your Nerves
10.3  Likability
10.4  Stage Presence
10.5  Conclusion

APPENDIX
Motion Planning Worksheet

SUBJECT INDEX