Last year the Wall Street Journal wrote about problems with sleeping jurors. Brooklyn law professor I. Bennett Capers’ new article Evidence Without Rules, forthcoming in the Notre Dame Law Review, points out a much more pervasive issue: all the information jurors take in when they are awake. The rules of evidence strictly limit what jurors … Continue reading Beyond formal rules of evidence
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…”
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
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
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?
One of Listen Like a Lawyer’s most enduringly popular posts is "A Model of Listening." The honest truth about why it’s so popular appears to be that students enrolled in listening classes are doing searches like these: models of listening model of listening HURIER model HURIER model of listening One clue that these are college … Continue reading The 4 T’s of Listening
Why blog about listening? It drew me in because it's different than legal writing—which I honestly love, and love to teach, but sometimes tire of, with its skirmishes in broader linguistic debates about two spaces after a period, commas outside quotation marks, and the indefinite singular pronoun, as well as the temptation to go negative. Listening is among the … Continue reading Teaching Success > Analyzing Failure
The podcast Serial has, in the past few months, become the most popular podcast ever. As a dedicated bibliophile and not much of an audiobook fan, I've been surprised to become so engrossed. Serial reinvestigates the murder of Hae Min Lee, a high-school student from Baltimore who was killed in 1999. Her ex-boyfriend, Adnan Syed, was … Continue reading Yes, I’m listening to Serial. Aren’t you?