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Making Your Case: The Art of Persuading Judges
Presents the basics of writing legal briefs and giving oral arguments, with discussions on the essentials of building a case through legal reasoning and the key elements of persuasive and successful oral pleading in the courtroom.
269 pages, Hardcover
First published April 28, 2007
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Displaying 1 - 30 of 105 reviews
June 28, 2024
2024 Review
I challenged myself in 2024 to re-read the books that impacted me most in my 20s.
This feels like a weird book to add to that list because it isn't one I'm about to go recommending to every graduating 18 year old. It is exactly what it purports to be: 115 observations from two legal experts on how to create a compelling appellate case.
I don't even practice appellate law.
But it is a book I've tabbed, read, quoted, and re-read for fun. I think for me, because it impacted my law school experience so significantly, it represents an entry into the professional world of the law. It taught me things like what kind of suit to wear to court (conservative, traditional, dark colors) and when to underline a point in a brief (never!) Re-reading it now, I can see how the advice about moot courts and the importance of thinking before pen to paper really impacted my law school employer. (Sometimes too much. The thinking stage would last right up until the brief was due and we were all begging for him to finalize it.)
Overall, I'd say an odd entry, but an impactful one on the list.
2018 Review
A practical and interesting book for lawyers - I particularly appreciated the portions about brief writing, as that has the most immediate use for me. I would have enjoyed my Civil Procedure and Legal Research and Writing classes much more if we read this book. It contains many of the lessons I learned there.
I challenged myself in 2024 to re-read the books that impacted me most in my 20s.
This feels like a weird book to add to that list because it isn't one I'm about to go recommending to every graduating 18 year old. It is exactly what it purports to be: 115 observations from two legal experts on how to create a compelling appellate case.
I don't even practice appellate law.
But it is a book I've tabbed, read, quoted, and re-read for fun. I think for me, because it impacted my law school experience so significantly, it represents an entry into the professional world of the law. It taught me things like what kind of suit to wear to court (conservative, traditional, dark colors) and when to underline a point in a brief (never!) Re-reading it now, I can see how the advice about moot courts and the importance of thinking before pen to paper really impacted my law school employer. (Sometimes too much. The thinking stage would last right up until the brief was due and we were all begging for him to finalize it.)
Overall, I'd say an odd entry, but an impactful one on the list.
2018 Review
A practical and interesting book for lawyers - I particularly appreciated the portions about brief writing, as that has the most immediate use for me. I would have enjoyed my Civil Procedure and Legal Research and Writing classes much more if we read this book. It contains many of the lessons I learned there.
January 11, 2010
Disclaimer: I am not an attorney, however, I am employed by a law firm. Among my many tasks, I am their librarian, a role I begged to hold despite not having all the official alphabet soup most legal librarians possess. The following review is mine and my thoughts and opinions alone (as they all are).
Late last year I saw announcements of this title in various publications. While reviewing my 2009 budget and various reviews to see the benefit of this book to our shelves an associate requested it, greatly simplifying my approval process. However, I purchased it with one condition: I could read it first.
I struggle with my words, both on the page and orally. I practice and do not see significant improvement. I need constant reminders and sometimes a slightly self-help but very much traditional title will catch my eye and help.
I found Making Your Case to be in the spirit of Elements of Style with enough industry specific interest to keep my attorneys engaged and enough common sense that anyone would gain from reading this title. It also has provided some ideas for how I can help my Firm out in other aspects of their practice.
The layout is crisp and concise with numbered points, bold-face topic headings, quote blocks, and enough footnotes to thrill me.
If you need to persuade anyone I believe that you can benefit from the points raised in this book.
Please remember, to just read this book will not result in immediate improvement of your words.
As was mentioned within the text, you need to practice and to read in the style you want to write.
Now to wait for it to cycle through the Firm so I can reread it.
Late last year I saw announcements of this title in various publications. While reviewing my 2009 budget and various reviews to see the benefit of this book to our shelves an associate requested it, greatly simplifying my approval process. However, I purchased it with one condition: I could read it first.
I struggle with my words, both on the page and orally. I practice and do not see significant improvement. I need constant reminders and sometimes a slightly self-help but very much traditional title will catch my eye and help.
I found Making Your Case to be in the spirit of Elements of Style with enough industry specific interest to keep my attorneys engaged and enough common sense that anyone would gain from reading this title. It also has provided some ideas for how I can help my Firm out in other aspects of their practice.
The layout is crisp and concise with numbered points, bold-face topic headings, quote blocks, and enough footnotes to thrill me.
If you need to persuade anyone I believe that you can benefit from the points raised in this book.
Please remember, to just read this book will not result in immediate improvement of your words.
As was mentioned within the text, you need to practice and to read in the style you want to write.
Now to wait for it to cycle through the Firm so I can reread it.
September 18, 2012
Garner and Scalia provide an easily-digestible and very readable compendium of tips and insights on, first and foremost, endearing one's self to a court. This is not a book about legal philosophy, but rather how to be an advocate that is useful to the judge(s) before whom you may appear, and in doing so, how to cultivate a reputation of professionalism and competence that will make you a more effective advocate in the long-term.
Although much of the advice is common sense (i.e. arrive at court on time, answer judges' questions forthrightly, etc), many of the authors' insights are counter-intuitive (i.e. do not argue to persuade the "swing" vote) or pertain to issues that might not seem terribly important (i.e. do not write in the first person).
As an entering 1L who will not be writing briefs or arguing before a judge for some time, I found myself outside the target market of this book. However, its broad themes pertain to all manners of argument and persuasion, and are applicable far beyond the context of the courtroom. Furthermore, the organization of the work -- the authors provide over 100 self-contained tips that come in at about 1-2 pages each -- make it easy to jump in at any point of the text, and to easily refer to relevant sections (brief writing, oral argument, etc) without re-familiarizing yourself with the preceding text. I can easily see myself coming back to this work in the future as I near the conclusion of law school.
In all, this is a valuable but sometimes pedantic book. At its $29.95 price tag, I can't say that it is worth it for the oftentimes basic and common sense advice it offers. But certainly get a copy from the library, and if you can find a used copy at a good price, this book would make an excellent addition to your bookshelf, and a valuable resource for anybody in the business of law or persuasion.
Although much of the advice is common sense (i.e. arrive at court on time, answer judges' questions forthrightly, etc), many of the authors' insights are counter-intuitive (i.e. do not argue to persuade the "swing" vote) or pertain to issues that might not seem terribly important (i.e. do not write in the first person).
As an entering 1L who will not be writing briefs or arguing before a judge for some time, I found myself outside the target market of this book. However, its broad themes pertain to all manners of argument and persuasion, and are applicable far beyond the context of the courtroom. Furthermore, the organization of the work -- the authors provide over 100 self-contained tips that come in at about 1-2 pages each -- make it easy to jump in at any point of the text, and to easily refer to relevant sections (brief writing, oral argument, etc) without re-familiarizing yourself with the preceding text. I can easily see myself coming back to this work in the future as I near the conclusion of law school.
In all, this is a valuable but sometimes pedantic book. At its $29.95 price tag, I can't say that it is worth it for the oftentimes basic and common sense advice it offers. But certainly get a copy from the library, and if you can find a used copy at a good price, this book would make an excellent addition to your bookshelf, and a valuable resource for anybody in the business of law or persuasion.
September 21, 2017
In the Notorious RBG, Ruth Bader Ginsburg says of Justice Scalia, "He might not be someone you like but is certainly someone you must respect". The quote represents the gist of this book. While some of the pieces of advice out of the co-authors 115 nuggets of wisdom seem counter-intuitive or downright hypocritical coming from Scalia's pen (Section 99 about usage of humor and Section 110 about dealing with difficult judges are shining examples). but overall as a guide on how to be a good Appellate lawyer, this book is truly invaluable. It's organization, clarity of thought and manner of teaching is spot on, easily understandable and even more easily implementable. The note about how Justice Roberts used to write arguments on index cards, shuffle them up and practice arguing them to increase flexibility was outstanding.
In an Indian context too, despite a widely varied system it is surprising how much knowledge can be supplanted and adapted.
A must read for any lawyer.
In an Indian context too, despite a widely varied system it is surprising how much knowledge can be supplanted and adapted.
A must read for any lawyer.
March 29, 2021
I vehemently disagree with most of Scalia's decisions, but the guy could write. Yeah, he could really be an asshole when he'd spend 5 paragraphs of a judgment on the meaning of the word "why". But when he was at his best, his writing could really shine.
I've found this to be one of the best no-bullshit guides to legal writing (and other advocacy topics). Even if you can't stand the guy, if you're willing to put that on hold to read this concise book, I think you'll benefit like I did. When I graduate law school this year, I think this will always remain within easy reach.
I've found this to be one of the best no-bullshit guides to legal writing (and other advocacy topics). Even if you can't stand the guy, if you're willing to put that on hold to read this concise book, I think you'll benefit like I did. When I graduate law school this year, I think this will always remain within easy reach.
October 4, 2020
Co-authored by Bryan Garner and the late Antonin Scalia, Making Your Case: The Art of Persuading Judges, gives you an inside look at a Supreme Court Justice’s perspective on advocacy and the art of persuasion.
Making Your Case is written in a conversational style, giving it a fresh and punchy flow. In fact, you’ll find the back-and-forth banter between Garner and Scalia to be as entertaining as it is informative.
Comedy aside, Making Your Case pulls back the curtain on what motivates the court by walking you through the essential areas of persuasive mastery: (1) general principles of argumentation; (2) legal reasoning; (3) briefing; and (4) oral argument. Each of these four areas is discussed, dissected, and delivered with a level of expertise that all legal practitioners should strive to attain.
Making Your Case truly shows you how to “make a complex case simple, not a simple case complex.”
Making Your Case is written in a conversational style, giving it a fresh and punchy flow. In fact, you’ll find the back-and-forth banter between Garner and Scalia to be as entertaining as it is informative.
Comedy aside, Making Your Case pulls back the curtain on what motivates the court by walking you through the essential areas of persuasive mastery: (1) general principles of argumentation; (2) legal reasoning; (3) briefing; and (4) oral argument. Each of these four areas is discussed, dissected, and delivered with a level of expertise that all legal practitioners should strive to attain.
Making Your Case truly shows you how to “make a complex case simple, not a simple case complex.”
June 23, 2012
A very good reference, whether you are a lawyer or not.
May 27, 2019
An enjoyable and quick read on written and oral advocacy. Usable tips and tools for attorneys.
May 4, 2020
When I became an associate lawyer in a law firm, my boss referred to me this book. It gave me confidence in writing pleadings.
In Scalia and Garner’s guide book, essential tips were discussed in the preparation on drafting and presenting arguments in court. It laid out guidelines for the stages of work such as, gathering ideas, outlining, revisiting, editing, and RE-editing your final output. In drafting arguments, the writer must exhaust his or her deliberative process in order to come up with a good outline. Be brief in discussing facts and issues because, I quote, ‘...BEAR IN MIND THAT COURTS DON’T LIKE TO SPEND A LOT OF TIME DECIDING WHAT TO DECIDE (Pg.78).’
As a newly passed lawyer with no one to rely on but stock knowledge (principles learned in class), law books, statutes, and case precedents, it is my realization that, while these are all indispensable in practice, a book full of guidelines in writing pleadings is similarly important.
In Scalia and Garner’s guide book, essential tips were discussed in the preparation on drafting and presenting arguments in court. It laid out guidelines for the stages of work such as, gathering ideas, outlining, revisiting, editing, and RE-editing your final output. In drafting arguments, the writer must exhaust his or her deliberative process in order to come up with a good outline. Be brief in discussing facts and issues because, I quote, ‘...BEAR IN MIND THAT COURTS DON’T LIKE TO SPEND A LOT OF TIME DECIDING WHAT TO DECIDE (Pg.78).’
As a newly passed lawyer with no one to rely on but stock knowledge (principles learned in class), law books, statutes, and case precedents, it is my realization that, while these are all indispensable in practice, a book full of guidelines in writing pleadings is similarly important.
August 15, 2017
Wow, Scalia was such a smarmy guy. I've been reading a lot of legal stuff that criticizes the system or suggests how things could work better. With that context, this book's "go along to get along" instruction is kind of jarring but very useful. I also highly recommend Bryan Garner in any writing. He's got a decent sense of humor and is more modern and aesthetic than Scalia. There are a few sections where they fight things out entertainingly, if you are the kind of person who can find entertainment in a usage guide.
July 29, 2025
Antonin Scalia co-wrote this book, so there is of course a healthy dose of sexism (from telling attorneys to lower their voice and not speak with a high pitch to only finding one female judge in history worth quoting). But I do think there is also some good advice for sophisticated federal trial or appellate attorneys. The section on oral argument in particular would be worth rereading if I ever end up doing that. Shoutout to my supervisor for the rec!
December 30, 2019
Nothing particularly ground-breaking here, but it is a helpful and very accessible little book of tips and tricks for good writing and advocacy.
November 23, 2008
This book came out right before my first state supreme court argument. As much as I dislike Scalia's politics and Garner's self-importance, it's a great little reference book. It's a quick read and actually fairly entertaining.
April 21, 2019
excellent - straightforward, helpful guide
January 31, 2024
I’m not an appellate attorney. I will never be an appellate attorney. Why did I buy this book? I suppose I just can’t help being seduced into reading anything with Justice Scalia’s name on it. I doubt that a book like this would have improved my chances of succeeding in moot court as a law student. Nevertheless, I couldn’t help wondering how much better I might have been with some clear, practical advice such as this. It’s an easy read. And still fun even if for no other reason that it allowed me to indulge the fantasy that I might have become a really great lawyer had I only had this book 15 years earlier. Not only that, it was nice to imagine being in one of the places where politeness and respect is possible, in fact de rigeur, even when speaking truth to power, especially when the stakes are highly consequential. There’s a power in civility, formality, and respect that is derided today by those who think manners are just one more tool of the oppressor. Perhaps. Even so, if we ever do get a chance to become oppressors, I hope we can at least be the classiest oppressors to ever make a public record of our tyranny.
February 27, 2024
The authors accurately consider this an “advice-giving treatise on legal argumentation” and it is precisely that. Chock-filled with anecdotes of both good and terrible incidents in court, quotations from legal luminaries, and references to various reading resources, this treatise is a must read manual on how to be a compelling legal advocate.
The book is an easy read and the writing style of Garner and Scalia do not come across as preachy, considering there were moments of banter between the two authors. I truly enjoyed instances when Garner and Scalia presented opposing views in legal style, especially Scalia’s rebuttals against Garner. Scalia’s almost scathing remarks against the use of contractions made me feel like I was reading a senior partner rant about such informality!
The chapter on oral argumentation perfectly encoded all the best practices I observed after competing in several moot court competitions. As such, I will definitely make this a required reading for mooters!
Overall, this is a good material for new lawyers who want to argue more effectively! Time reading was well spent!
The book is an easy read and the writing style of Garner and Scalia do not come across as preachy, considering there were moments of banter between the two authors. I truly enjoyed instances when Garner and Scalia presented opposing views in legal style, especially Scalia’s rebuttals against Garner. Scalia’s almost scathing remarks against the use of contractions made me feel like I was reading a senior partner rant about such informality!
The chapter on oral argumentation perfectly encoded all the best practices I observed after competing in several moot court competitions. As such, I will definitely make this a required reading for mooters!
Overall, this is a good material for new lawyers who want to argue more effectively! Time reading was well spent!
February 5, 2022
Excelente compendio de técnicas y habilidades, tanto escritas como orales, a cultivar por abogados interesados en alcanzar la excelencia en la práctica del derecho ante los tribunales. Aunque se basa en el derecho norteamericano (Scalia fue juez del Tribunal Supremo desde el año 1986 hasta el 2016 y Garner fue abogado y lingüista), muchos de los consejos son trasladables a nuestro sistema procesal. Me recuerda en algunos aspectos al exquisito y maravilloso libro de Arturo Majada, Técnica del informe ante Juzgados y Tribunales.
En definitiva se trata de un buen manual de estilo para presentar el caso de manera justa, intelectualmente honesta y con respeto a la inteligencia del contrario y del tribunal, en el que impere el sentido común y el decoro de una profesión que lo exige en grado máximo
En definitiva se trata de un buen manual de estilo para presentar el caso de manera justa, intelectualmente honesta y con respeto a la inteligencia del contrario y del tribunal, en el que impere el sentido común y el decoro de una profesión que lo exige en grado máximo
November 13, 2019
Virtually all of the advice is from the "Captain Obvious Book of Legal Advocacy" (proofread your work! put your best argument first!), but after practicing as an attorney for ten years, it was strangely enlightening to re-encounter simple principles set out simply and concisely of how to put your best case before a court. I needed to set aside my own opinion of my expertise and absorb what the authors were telling me, but the effort was worth it. I even flagged pages to come back to when I'm writing, just to make sure I'm not losing sight of the forest for the trees. And Scalia both gives you permission to start a sentence with "and" or "but," all while never grumbling about gender or abortion rights!
I think having read this will make me a better lawyer. What more could I ask for?
I think having read this will make me a better lawyer. What more could I ask for?
August 20, 2024
This is a book I have read and will read again and again.
As a lawyer, I have been lost in translation when it comes to legal writing. I found it hard to follow many lawyers' writings, so many that I was misled, like almost all clients, to believe that is what legal writing is supposed to be like.
This book taught me that lawyers are notorious for using legal jargon and confusing readers. It also reminded me of the basics of communication in the courtroom: selling your ideas. While reading it, I felt like I was learning to be an Amazon driver whose purpose is to deliver the right package one at a time to the person expecting it.
This book is my bible for writing. Thank you, late Justice Scalia.
As a lawyer, I have been lost in translation when it comes to legal writing. I found it hard to follow many lawyers' writings, so many that I was misled, like almost all clients, to believe that is what legal writing is supposed to be like.
This book taught me that lawyers are notorious for using legal jargon and confusing readers. It also reminded me of the basics of communication in the courtroom: selling your ideas. While reading it, I felt like I was learning to be an Amazon driver whose purpose is to deliver the right package one at a time to the person expecting it.
This book is my bible for writing. Thank you, late Justice Scalia.
March 9, 2025
This should be required reading for anyone interested in practicing law and who intends to appear before any judge.
As a 10-year attorney practicing personal injury litigation, I think every piece of information in this book is helpful to someone interested in becoming an attorney.
With that said, I gave this a 4-star review (rather than 5) because I don’t think it is a bit myopic. It focuses so much on appellate law that it often provides advice that is too harsh for district courts, justice courts, and local criminal courts.
Nevertheless, in my experience and opinion, you would be better off erring on the side of listening to all of this advice until you find your own ‘voice’ than to ignore it right out of the gates.
Put simply, if you’re new to law, or thinking of going into law, this book is highly beneficial. If you’ve been doing it for years, this book will likely still provide a benefit, if only in condensing wisdom that has been sort of bouncing around your subconscious throughout your career.
As a 10-year attorney practicing personal injury litigation, I think every piece of information in this book is helpful to someone interested in becoming an attorney.
With that said, I gave this a 4-star review (rather than 5) because I don’t think it is a bit myopic. It focuses so much on appellate law that it often provides advice that is too harsh for district courts, justice courts, and local criminal courts.
Nevertheless, in my experience and opinion, you would be better off erring on the side of listening to all of this advice until you find your own ‘voice’ than to ignore it right out of the gates.
Put simply, if you’re new to law, or thinking of going into law, this book is highly beneficial. If you’ve been doing it for years, this book will likely still provide a benefit, if only in condensing wisdom that has been sort of bouncing around your subconscious throughout your career.
April 16, 2021
- Before arguing, make sure to do homework (make sure judge has jurisdiction, make sure research judge well and know the judge's style and background and most importantly - know your facts well)
- Keep your friends close, your enemy closer
- Keep it simple, stupid
- Never assume judges know the case as much as you do
- Avoid putting emotions into your case
- Avoid overly using emotion to appeal for jury (judge will see through it and bash it behind the door)
- Read the whole text before interpreting a word or a paragraph
- Keep your friends close, your enemy closer
- Keep it simple, stupid
- Never assume judges know the case as much as you do
- Avoid putting emotions into your case
- Avoid overly using emotion to appeal for jury (judge will see through it and bash it behind the door)
- Read the whole text before interpreting a word or a paragraph
August 23, 2021
This book was recommended by my written advocacy mentor. She highly recommended this book and needless to say I got a copy of it. This book is like a treasure trove full of useful reminders and tips for those who are looking to improve their advocacy. This is a book which I would frequently go back to when I'm stuck with written submission or if I want to do a self introspection of the way I do my oral submissions, and also to be more aware of my body language and how I carry myself and more importantly learn from mistakes and hopefully to stop repeating those mistakes.
July 3, 2025
Phenomenal book. This book expanded upon everything I learned in legal writing class during my 1L year. For example, I was taught that procedural history is important but I wasn't told why. In this book, the authors make it very clear why that is important, and how to incorporate procedural history into the argument. I'm still a law student, and I find this extremely helpful as I navigate the world of legal reasoning and legal writing.
February 19, 2020
This is enlightening to lawyers on advocacy
Whether you are litigation solicitor or barrister, this one is a must-read. You can learn a lot from the book. Though it is written for American lawyers, most theories, techniques and practical tips inside are transferable to lawyers in other common law jurisdictions.
Whether you are litigation solicitor or barrister, this one is a must-read. You can learn a lot from the book. Though it is written for American lawyers, most theories, techniques and practical tips inside are transferable to lawyers in other common law jurisdictions.
July 3, 2019
A guidebook to keep handy for years to come
Garner and the late Scalia are force to be reckoned with. Not only is “Making Your Case” useful for every advocate, it is a delight to read.
Garner and the late Scalia are force to be reckoned with. Not only is “Making Your Case” useful for every advocate, it is a delight to read.
September 11, 2023
A classic book that every lawyer should read. Reviews both writing and oral arguments in small sections that are easy to read and understand. Some throwbacks that don't necessarily apply to women, but overall not misogynistic.
March 1, 2024
Brilliant! Not a single page was wasted (I am tempted to say not even a sentence was, but that sounds too hyperbolic).
This is definitely a book I'll come back to time and again as I hone my craft. Anything less than 5 stars is an insult!
This is definitely a book I'll come back to time and again as I hone my craft. Anything less than 5 stars is an insult!
March 7, 2025
There was some very solid advice for any lawyer, regardless of whether they appear at court or not.
The advice that probably stuck with me the most was: "If you make it possible for something to go wrong, it will."
The advice that probably stuck with me the most was: "If you make it possible for something to go wrong, it will."
January 3, 2018
Fantastic book ever read must useful for law students and advocates
January 5, 2019
Excellent. A book any advocate should read and reread. Basic down-to-earth advice on everything from the mechanics of a brief to decorum and body language in the courtroom.
Displaying 1 - 30 of 105 reviews