Features

Temptations

Every lawyer practices within a complicated set of goals and constraints that can lead to temptations.

The Temptation Not to Disclose Adverse Authority

Long-standing ethics rules require the disclosure of adverse cases, even if your opponent misses them.

How to Winnow Arguments on Appeal

Too many arguments in a brief makes them all seem weak. Where do you draw the line?

Sua Sponte A Judge Comments

An appellate judge lays out his views on selecting arguments.

The Temptation to Depose Every Expert

If you really intend to try a case, you need to think long and hard about whether to take an expert’s deposition.

Over-Arguing Your Case

There is practical wisdom behind judges’ complaints about over-arguing lawyers.

Avoiding and Appealing Excessive Sentences

Defense counsel should be ready to marshal any Eighth Amendment arguments when a judge imposes an excessive sentence.

Delivering Justice The Medium Is the Message Too

What can judges and lawyers do to respond to the reasonable desires of citizens for procedural justice?

The Sin of Self-Persuasion

This online-only book excerpt illustrates the dangers of so thoroughly believing your case that you can't see its weaknesses.