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Questions from the Bench »

Book cover image of Questions from the Bench by Douglas S. Lavine

Authors: Douglas S. Lavine
ISBN-13: 9781590312339, ISBN-10: 1590312333
Format: Paperback
Publisher: American Bar Association
Date Published: September 2004
Edition: (Non-applicable)

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Author Biography: Douglas S. Lavine

Book Synopsis

Learn how to respond to a judge's questions directly and persuasively. Written by a trial judge, this book offers practical advice and thoughtfull, analysis that will help you answer questions effectively. that will help you answer questions effectively.

Table of Contents

Ch. 1The importance of effectively answering questions form the bench3
Ch. 2A primer : fundamental principles of advocacy as related to answering questions from the bench13
Ch. 3The need to reframe questions from the bench as opportunities, not intrusions23
Ch. 4Understanding different kinds of questions31
Ch. 5The essential attributes of effective and ineffective answers41
Ch. 6The overriding imperative of responding directly to the question asked51
Ch. 7Misstating the facts or the law65
Ch. 8Being dismissive of the question or questioner, or a member of the panel71
Ch. 9Arguing with the questioner79
Ch. 10What to say when you don't know the answer91
Ch. 11Conceding too little or too much99
Ch. 12Using your response to restate key themes and arguments107
Ch. 13Offering the court acceptable alternatives in your response115
Ch. 14Using your response to characterize and refute your adversary's position121
Ch. 15Handling the hypothetical question127
Ch. 16The high art of engaging in a conversation with the bench137
Ch. 17Professional and stylistic considerations143
Ch. 18Case study : Laurence Tribe in Bowers v. Hardwick153
Ch. 19Case study : Floyd Abrams in metromedia, Inc. v. city of San Diego161
Ch. 20Case study : David Boies in Bush v. Gore183

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