It’s that time of year when 1Ls start preparing for their first oral argument. In a class on how to prepare, I’ll be sure to share this tweet from experienced SCOTUS advocate Bob Loeb of Orrick: The card given to you by the Supreme Court Clerk before argument has last minute advice. pic.twitter.com/j6l63f9ZLa — Bob … Continue reading “May it please the Court…”
Many thanks to Rhani M. Lott of Emory Law School for this guest post. “I do want to thank you, first, Judge Aquilina, for giving all of us the chance to reclaim our voices. Our voices were taken from us for so long, and I’m grateful beyond what I can express that you have given us the … Continue reading How Should Judges Listen to Victim Impact Statements?
What does a veteran trial judge have to say about . . . everything trial related? On my summer reading list was Litigation in Practice by Judge Curtis E. A. Karnow of the San Francisco Superior Court. It has some of the obvious—be nice to court staff; how to introduce documents into evidence—but also delves deeper … Continue reading New book: Litigation in Practice by Judge Curtis E. A. Karnow
Before a math test, women test-takers reminded of their gender did worse on the test than a control group who took the same test without the reminder. This experiment forms a classic example of stereotype threat, which Professor Susie Salmon from Arizona Law spoke about at the recent Moot Court Advisors’ Conference held by the … Continue reading Stereotype threat
This past weekend, the Legal Writing Institute hosted its second Biennial Moot Court Conference at John Marshall Law School in Chicago. Several of the talks touched on listening-related themes. Kent Streseman of the Chicago-Kent College of Law explored the concept of “deliberate practice” for moot court competitors. His summary of the tenets of deliberate practice … Continue reading Deliberate practice and lawyering skills
The Georgia Supreme Court recently held arguments on site at the law school where I teach. This was an excellent service for legal education. In class discussion afterwards, my students truly could not contain their enthusiasm for what they observed. All of the advocates brought different strengths to the podium. One stood out for … Continue reading Judge like a judge, please
Listen Like a Lawyer will be delving into communication and writing in the next few posts. One reason this blog is generally dedicated to listening is that there are already many excellent legal-writing blogs available for the legal community. (For example: Forma Legalis, Lady Legal Writer, Law Prose, Legible, and Ziff Blog, just to cite … Continue reading Future trial lawyers, take heart
Tennessee professor Michael Higdon has followed up his 2009 Kansas Law Review piece on nonverbal persuasion with a thoughtful new essay, "Oral Advocacy and Vocal Fry: The Unseemly, Sexist Side of Nonverbal Persuasion." If you're not familiar with vocal fry, check out this MSNBC video at minute 3:30 for an example drawn from law practice … Continue reading What do we hear when we hear vocal fry?
When taking a deposition, can you immediately recognize the testimony you want to quote in a later dispositive motion? Do the words jump out at you like a “nugget” in a “treasure hunt”? Legal writing and nonfiction writing have a lot in common, as a recent New Yorker article by John McPhee suggested. I … Continue reading Do you know it when you hear it?
Listening is a loser, at least according to the widely circulated Pyramid of Learning: I've been hearing about the Pyramid of Learning -- also known Dale's Cone of Learning -- since I was a child. Yet it has a problem. Specifically, a lot of credible people believe it to be "zombie learning theory that refuses to die." … Continue reading A myth about listening and learning