Persuading Judges Summary

In Making your Case: The Art of Persuading Judges, Antonin Scalia and Bryan Garner provide a framework of 115 principles dealing with persuasion, legal reasoning, brief writing, and oral arguments both budding lawyers and courtroom veterans can employ to persuade the courts to decide cases in their clients’ favor. While each of these principles was most likely laboriously scrutinized and meticulously fact-checked before making its way into the book, there are a few principles that emerge as more valuable than others. Consequently, other pieces of advice provided, while still having some merit, are simply less crucial in order to persuade judges. Many of the ideas raised in this book are essential to be successful in the courtroom, but the three …show more content…
Because first impressions are greatly influential and can entirely determine how one is viewed, making a favorable initial impression on judges is necessary in persuading them. Starting off with a weaker argument is likely to leave a bad taste in the judges’ mouthes, so to speak, and they will be less receptive to additional arguments even if they are stronger. Attention from the judges will be the highest at the beginning of oral argument, and delaying the strongest argument may cause the judges to focus on a weaker point. Additionally, many judges will ask questions while a lawyer is giving his/her argument, so the first point made will frequently be the only point discussed. Leading with the strongest argument as often as possible is vital in assuring that judges hear and understand the main point being made, leading to a more favorable case …show more content…
Justice Scalia was the valedictorian of his 1960 Harvard Law School class, served on the Court of Appeals for the District of Columbia Circuit, and was known for frequent questioning on the bench that explored “the nuances of legal text” (Oyez). Because of his time as a lawyer and his time on the Court of Appeals as well as the Supreme Court, Justice Scalia was well reversed in the art of courtroom persuasion and knew what it took for lawyers to sway judges like himself, making him an excellent source for a book like Making Your Case. Bryan Garner is the editor in chief of Black’s Law Dictionary, has published many leading books on legal style, and has been praised by The New York Times and Harvard Law Review for his knowledge of legal writing (LawProse). He has also taught many seminars and classes at law schools on the subject. While he may not have Justice Scalia’s judicial experience, he is clearly an exemplary source for the sections about legal writing, which is an important element when persuading