This book is a new primary text for use in clinical, externship, legal writing, interviewing, negotiation, counseling, trial/appellate advocacy, and doctrinal courses. This text centers narrative theory as an effective way to teach law school courses and to practice the full range of lawyering skills. Using multimedia examples, as well as exercises drawn from actual lawyering situations, the book describes, explores, and analyzes the interrelationship between narrative and lawyering. The book addresses the broad spectrum of skills and practice areas and fora that the profession increasingly demands. The book contributes to the growing literature on professional identity formation with updated chapters on critical lawyering, anti-racism, and cultural humility, and expanded chapters on trial and other forms of oral advocacy. This is a comprehensive book for using narrative, stories, and storytelling to develop more fully and effectively as a lawyer. The book provides the theory and information for planning for, conducting, and reflecting on various lawyering activities. In addition, the authors make the teaching relatable and transferable to a variety of contexts by using concrete examples drawn from their own extensive practice, writing, and teaching using lawyering and narrative.

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

Lawyers know that client counseling can be the most challenging part of legal practice. Clients question and often resist the complexities and uncertainties inherent in law and legal process. Honest advice from the lawyer can make a client doubt his or her allegiance and zeal. Client backlash may be directed at the lawyer who communicates bad news. Thus, the lawyer may feel torn between the obligation to clearly inform a client about weaknesses in legal positions and fear of damaging the client relationship. Too often, the lawyer struggles to counsel a particularly difficult client, but to no avail. Client Science is written to provide insight and advice to lawyers on how to more effectively communicate with their clients with regard to legal realities and difficult decisions. It will help lawyers with the always-difficult task of delivering "bad news," which will result in better-informed and thus more satisfied clients. The book explains applicable social science research and insights and translates them into plain language relevant to legal practice and client counseling. Marjorie Corman Aaron offers specific suggestions related to a lawyer's ordering, timing, phrasing, and type of explanation, as well as style adjustments for the lawyer's voice, gesture, and body position, all to impact client counseling and to improve the lawyer-client relationship.

The practice of law is the business of persuasion, and storytelling is the most effective means of persuading. A credible lawyer capable of telling a well-reasoned story that moves the listener will always beat the lawyer who cannot. This entertaining book shows you how to convey legal information in a cogent, persuasive way to the client who needs the help, to opposing counsel, and to the decision-maker who has to make the final call.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically.This notable volume-inspired by a symposium held at Yale Law School-brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories-confessions, victim impact statements-can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality?Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors.ContributorsJ. M. BalkinPeter BrooksHarlon L. DaltonAlan M. DershowitzDaniel A. FarberRobert A. FergusonPaul GewirtzJohn HollanderAnthony KronmanPierre N. LevalSanford LevinsonCatharine MacKinnonJanet MalcolmMartha MinowDavid N. RosenElaine ScarryLouis Michael SeidmanSuzanna SherryReva B. SiegelRobert Weisberg.

Alfredo Mirandé, a sociology professor, Stanford Law graduate, and part-time pro bono attorney, represents clients who are rascuache—a Spanish word for “poor” or even “wretched”—and on the margins of society. For Mirandé, however, rascuache means to be “down but not out,” an underdog who is still holding its ground. Rascuache Lawyer offers a unique perspective on providing legal services to poor, usually minority, folks who are often just one short step from jail. Not only a passionate argument for rascuache lawyering, it is also a thoughtful, practical attempt to apply and test critical race theory—particularly Latino critical race theory—in day-to-day legal practice. Every chapter presents an actual case from Mirandé’s experience (only the names and places have been changed). His clients have been charged with everything from carrying a concealed weapon, indecent exposure, and trespassing to attempted murder, domestic violence, and child abuse. Among them are recent Mexican immigrants, drug addicts, gang members, and the homeless. All of them are destitute, and many are victims of racial profiling. Some “pay” Mirandé with bartered services such as painting, home repairs, or mechanical work on his car. And Mirandé doesn’t always win their cases. But, as he recounts, he certainly works tirelessly to pursue all legal remedies. Each case is presented as a letter to a fascinating (fictional) “Super Chicana” named Fermina Gabriel, who we are told is an accomplished lawyer, author, and singer. This narrative device allows the author to present his cases as if he were recounting them to a friend, drawing in the reader as a friend as well. Bookending the individual cases, Mirandé’s introductions and conclusions offer a compelling vision of progressive legal practice grounded in rascuache lawyering.

Accounts of law problems and the way they were handled, written by the responsible lawyers

This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the evolution of facts from their expression by the client to their translation within the lawyer-client relationship and the subsequent decision of the judge, focusing on the dynamic activity of narrative construction among the key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories come about in the fabric of the authentic dimensions of everyday life. The book stresses the capacity of laypeople, who in this activity are equated with clients, to shape the law, dealing not just with formal rules, but also with implicit or customary rules, in given contexts. By including the illustration of cases concerning vulnerable clients, it lays the foundations for developing a socio-clinical research programme, whose aims including enabling lay and expert actors to meet for the purposes of improving forms of collective narrations and generating more just legal systems.

It is true that some people are very damaged. It is not true that they are all unsalvageable. The Lifer and the Lawyer raises questions about childhood trauma, religion, race, the purpose of punishment, and a criminal justice system that requires harmless old men to die in prison. It is a true story about Michael Anderson, an aging African American man who grew up poor and abused on Chicago's south side and became a violent and predatory criminal. Anderson has now spent the last forty-three years in prison as a result of a 1978 crime spree that took place in southeastern Washington. The book describes his spiritual and moral transformation in prison and challenges society's assumption that he was an irredeemable monster. It also tells the story of the author's evolving relationship with Anderson that began in 1979 when Critchlow, a young white lawyer from a privileged background, was appointed to defend Anderson on twenty-two violent felony charges. For Anderson, this is a story about overcoming childhood trauma and learning how to empathize and love through faith and self-knowledge. For Critchlow, the story also raises questions about how we become who we are--about race, culture, and opportunity. Finally, the book is a revealing commentary on our criminal justice system's obsession with life sentences.