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Advocacy & Alternative Dispute Resolution: Brief Writing and Oral Argument

This guide provides links and descriptions to many of the library's resources related to advocacy and dispute resolution, including trial advocacy, client counseling, negotiation, mediation, arbitration, evidence and professional responsibility.

General Texts

Brief writing & oral argument.  KF 251.R22 2005 10th fl.  Former Judge Edward D. Re and litigator Joseph Re lead the reader through each step of the legal writing and oral argument process highlighting and addressing the nuances of trial practice as only a veteran judge and lawyer can. In print continuously since first publication in 1951, this practical tool provides useful appendices with illustrative examples of legal documents, as well as copious writing samples suitable for student use. 

Winning on Appeal: better briefs and oral argument, 2nd ed.    KF9050 .A73 2003  Reserve. Published by NITA and written by a judge with more than 40 years experience, this volume has been adopted by many schools as a textbook for appellate advocacy classes.

Brief writing

Just Briefs.  KF 251.O18 2003 ACAD.  A simple how-to guide that focuses exclusively on the proper way to write a brief.  Provides several helpful examples of trial and appellate briefs.

The Question Presented: Model Appellate Briefs, 4th ed.  KF 251.C53 2000 RESERVE.  Designed for use in Appellate Advocacy and Legal Writing courses, The Question Presented offers both instruction on successful brief writing and examples of outstanding briefs.

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Court.  KF 251. G37 2004 ACAD.  In this popular reference work, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words.  Each section contains practical words of advice and plenty of examples.

Oral argument

The Art of Oral Advocacy, 2nd ed.  KF 9050.F73 2011 Reserve 6th floor.  Chapters in The Art of Oral Advocacy include beginning preparation, answering questions, advanced preparation techniques, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases.

The Little Book on Oral ArgumentKF 8870.D89 1991 ACAD.  This book is designed to introduce and cover its subject in a simple and entertaining, yet comprehensive, way. It contains chapters on such topics as style, substance, structure, questions, and rebuttal to explain effective approaches to this peculiar form of conversation.

The Supreme Court and Appellate Advocacy: Mastering Oral ArgumentKF 8870.F74 2003 10th fl.  This book describes various methods to prepare and present convincing oral arguments made before the Supreme Court or courts of appeals.

The Winning Oral Argument: Enduring Principles with Supporting Comments from the Literature.  KF 8870.G37 2009 ACAD.  In this companion book to The Winning Brief,  Bryan A. Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from an impressive array of sources, ancient and modern.