Building Your Best Argument

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American Bar Association, 2010 - Law - 243 pages
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Through the sheer volume of litigation facing the courts, complete, concise and well-reasoned arguments are demanded of today's lawyers. Both trial and appellate benches are more dependent than ever on well-prepared written arguments of counsel, particularly because many decisions occur without any oral argument. In cases where oral argument is permitted, there are additional challenges including rigid time constraints that make every statement count.
 

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Contents

The Battle of Persuasion Harder Than It Looks
1
Simple and Direct Clarity Counts
5
Leading Off The Importance of a Strong Introduction
17
Summarily Speaking An Overviews Significance
27
Just the Facts Setting Up the Background
37
Short Bursts For Diminishing Attention Spans
51
History of the Case The Devil is in the Details
61
Statutory Construction It Can be Critical
77
Discussing Case Law An Overlooked Art Form
107
Your Opponents Argument The Key to Effective Challenges
123
Policy Considerations They Often Count
141
Obsessive Compulsive Organization Is Key
155
Stellar Examples
187
Index
255
About the Author
265
Copyright

Legislative Purpose Determining Congressional Intent
95

Common terms and phrases

About the author (2010)

As a member of Fulbright & Jaworski LLP's litigation section since 1993, Cecil Kuhne has represented clients in federal and state court proceedings involving complex commercial disputes, business torts, and product liability. His experience extends to litigation concerning contractual interpretation, misappropriation of trade secrets, liability for pharmaceutical products and medical devices, professional malpractice, environmental degradation, and oil and gas development. He has long been an enthusiastic foodie, and he would gladly become a gourmand or a gastronomeif he could only spell it.

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