Moot court judging—once more unto the breach

Moot court student leaders and faculty advisors are now registering for 2018-2019 competitions. One factor in choosing a competition is the quality of volunteer judges at the competition. As anyone passingly familiar with moot court knows, most of the moot court judging is done not by actual judges but by attorneys volunteering to play the … Continue reading Moot court judging—once more unto the breach

Beyond formal rules of evidence

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

Silence for lawyers

Silence. That was the heart of Emma González’s speech at March for Our Lives on March 24. After a introductory remarks, she named the 17 dead and the small experiences in life they would never partake of again. Then she stood, silent, for the remainder of six minutes and 20 seconds—the time it took for … Continue reading Silence for lawyers

New book: Litigation in Practice by Judge Curtis E. A. Karnow

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

Deliberate practice and lawyering skills

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

Future trial lawyers, take heart

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

You should watch The People v. O.J. Simpson

To echo what many have said, I now know what I’ll be doing for the next ten Tuesday nights. The People v. O.J. Simpson: An American Crime Story (FX Networks) is as incredible as everyone is saying. For viewers who lived through the spectacle, it brings back memories (“Where was I the night of the … Continue reading You should watch The People v. O.J. Simpson

Do you know it when you hear it?

  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?

The 4 T’s of Listening

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

A myth about listening and learning

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