BOOK REVIEW

MAKING YOUR CASE: The Art of Persuading Judges, By Antonin Scalia (yes, that one) & Bryan A. Garner.

Arguing before an Appellate Court can be a nerve racking ordeal; your client's case riding on your ability to convince the Judges, in ten minutes or less, that the underlying decision should be affirmed or reversed. The brief is no less important. Indeed, it is the foundation for the oral argument.

Making Your Case offers advice on how to be an efficient and convincing advocate, focusing on briefs and arguments at the appellate level. At around 200 pages, with large font and lots of space between sentences (these things are important to me--I don't have a good reason) the book is a relatively short read. Of course, being an easy read in and of itself is never a reason to read anything. This book however, is more than that. It's interesting and *gasp* fun. The book is full of colorful examples of what advocates should and should not do. They authors' disagreements (there are a few) are both entertaining and informative. And they waste no time getting to them--the first one is in the forward:

The reader who feels that some of these indulgences fall short of the formality and sobriety expected of a jurist should attribute all of them to the other author, and assume that they have been included under protest.

Humor aside, the book looks to be a valuable resource for anyone who wants to improve their advocacy skills.

Some of the topics covered include:
• The order issues should be raised at oral argument and in briefs and why the order should not always be the same in both
• How to deal with difficult Judges during oral argument
• How to frame the issues for the Court
• Whether and when to use italics, bold, or underline in briefs
• The best way to prepare for and handle questions at oral argument
• Creating a schedule for the brief