Litigation and Administrative Advocacy: The Art and Science of Persuasion
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Litigation and Administrative Advocacy: The Art and Science of Persuasion is a collection of fourteen articles that cover every aspect of the trial and tribunal process – from examinations for discovery, opening statements, examination and cross-examination of witnesses, to closing statements and argument. This advocacy text is a building block of key and innovative advocacy tips and imparts to the reader the important science of storytelling, effective persuasion, and how to become a reliable narrator.
Written by the Honourable Todd L. Archibald and a team of co-authors, the content in this book is founded upon Retired Justice Archibald’s advocacy teaching and training over the past forty years, the advocacy skills witnessed in court, and detailed discussions with barristers and judges concerning the art and science of persuasion. It also features a special foreword by the Honourable John I. Laskin.
Ample references to works in the fields of cognitive science, psychology, literature, and behavioural economics enhance the valuable advice presented in Litigation and Administrative Advocacy: The Art and Science of Persuasion, exploring topics such as:
- What Makes a Persuasive and Compelling Story;
- Understanding How People Make Decisions;
- Key Advocacy Tools for Discovery;
- Using the Opening Statement to Persuade;
- Framework for Applying Psychological/Behavioural Insights into ADR Practices;
- Moral Redress: The Value of an Apology or an Explanation;
- Effective Direct Examination;
- Use and Admissibility of Expert Evidence;
- The Science of Impeachment;
- The Closing Address in the Context of a Trial or Administrative Hearing;
- The Use of Documentary Evidence in a Digital Time;
- Burdens of Proof and Moral Incrementalism; and
- Much more
Who Should Read This Book
Litigation and Administrative Advocacy: The Art and Science of Persuasion will be a particularly useful reference book for law students, advocates, counsel, judges and adjudicators who attend and preside over motions, trials, mediations, arbitrations, and administrative tribunal hearings. Law schools and libraries will also want to add this new publication to their existing collections.
Table of contents
Foreword – The Honourable John I. Laskin
Overview – The Honourable Todd L. Archibald
Chapter 1: The Trial Advocate as Storyteller – The Honourable Todd L. Archibald and J. Manuel Mendelzon
Chapter 2: Cognitive Psychology in the Courtroom – The Honourable Todd L. Archibald and Shannon S.W. O’Connor
Chapter 3: Impactful Trial Opening Statements in the Courtroom – The Honourable Todd L. Archibald and Joshua Tong
Chapter 4: Incorporating Insights from Experimental Psychology and Behavioural Economics into ADR Practices – The Honourable Todd L. Archibald and Christian Vernon
Chapter 5: The Closing Address: The Opening Chapter in Trial Preparation – The Honourable Todd L. Archibald and Eric Brousseau
Chapter 6: Advocating with Persuasive Authority – The Honourable Todd L. Archibald and Mark Friedman
Chapter 7: Looking into an Advocacy Mirror: The Parallels Between Tribunals and Courts – The Honourable Todd L. Archibald and Brett Hughes
Chapter 8: Discovery as a Forum for Persuasive Advocacy – The Honourable Todd L. Archibald, Roger B. Campbell and Mitchell Fournie
Chapter 9: Conducting an Effective Examination in Chief – The Honourable Todd L. Archibald and Chantelle van Wiltenburg
Chapter 10: Impeachment Techniques in an Era of Fake News: A Principled Approach – The Honourable Todd L. Archibald and Kenneth Jull
Chapter 11: The Persuasive Value of Documentary Evidence in an Ever-Evolving Digital Time – The Honourable Todd L. Archibald and Bryan Birtles
Chapter 12: Demeanour Evidence: Appearances are Often Deceiving – The Honourable Todd L. Archibald and Patrick A. Harris
Chapter 13: Examining the Reliability of Expert Soft Science Evidence in the Courtroom – The Honourable Todd L. Archibald and Jeremy Fox
Chapter 14: “Clear and Convincing” Evidence Cannot Reside in the House of Balance of Probabilities –The Honourable Todd L. Archibald and Kenneth Jull
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