Making Your Case: The Art of Persuading Judges.

• Author: Rogers, C.D.

Making Your Case: The Art of Persuading Judges

By Antonin Scalia and Bryan A. Garner

Justice Antonin Scalia and attorney and author Bryan Garner offer this final tip in their book Making Your Case: "Plan on developing a reputation for excellence." The remaining 114 tips help us reach that excellence.

They first remind us of three conditions to be met before persuasion occurs. First, know precisely what we are asking the court to do. Second, assure that request resides in the court's power to act. And present both reasons and options for honoring our request--the best in both our case and in cases to follow.

Making Your Case contains four structural divisions: "General Principles of Argumentation," "Legal Reasoning," "Briefing," and "Oral Argument." The tips within these divisions review either what we know or what we have forgotten. Consider these six:

* Know your audience.

* Know your adversary's case.

* Yield indefensible terrain--ostentatiously.

* Know the rules of textual interpretation.

* Avoid acronyms. Use the parties' names.

* Be flexible.

This book follows this advice for flexibility. Its audiences are those involved in advocacy in all levels of courts. Although it offers "nuts-and-bolts advice," the clear discussion shows us how to apply the recommendations. For example, the American Bar Association interviewer asked this after the book's 2008 publication: "What sort of things would lawyers be doing having read the Scalia and Garner book that they haven't been doing before?" Both authors agree with Scalia's answer: "Well. They would be a lot more brief ... lawyers go on for too long and when they do, it doesn't help their case." Then Garner adds -- and gives pages in the book on how--"you would have briefs that are much more polished and cogent and oral arguments that are much more polished and professional."

The two authors hold the same opinions on seeking excellence, except on three points (both of interest and fun to read in their dissenting styles). With Garner's reputation for focus and clarity, he believes a place exists in legal writing for contractions--won't, we'll, and can't, for example--that were once historically considered informal words...