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book image What Judges Want: A Former Judge’s Guide to Success in Court 2016
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Standing Order with Automatic Update Service

Author Name James M. Stanton
202 Pages  
Published date 2015
ISBN no. 978-1-57625-934-4
eBook ISBN no. 978-1-57625-935-1
Condition New
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Chapter 1: Thinking
Channeling Aristotle: The Lawyer’s Guide to Effective Use of Ethos, Pathos, and Logos to Win with Judges
Chapter 2: Thinking
Four Questions You Must Be Able to Answer If You Want to Win Your Next Hearing
What Exactly Do You Want?
How Bad Do You Want It?
Why Should You Win?
What Will You Do If You Win? What If You Lose?
Chapter 3: Writing
Three Tips for Getting the Judge to Read Your Papers Before the Hearing
Make Sure the Judge Gets Your Brief
Make Your Brief Attractive to the Judge
Stay Focused on the Goal of the Brief
Chapter 4: Writing
Things You Should Never Say in Your Court Papers (And, What You Should Write Instead)
Chapter 5: Arguing
Rearranging Deck Chairs on the Titanic: Three Signs You’ve Lost Your Argument and Should Stop Talking (and Start Listening)
Not Your Way: The Judge Asks to Hear Your Back-Up Argument
Not Yet: The Judge Tells You the Issue Isn’t Ripe
No: The Judge Has Already Ruled Against You
Chapter 6: Arguing
Handling a Hostile Bench: Three Ways to Effectively Respond When You Believe the Judge is Being Disrespectful
Accommodate the Preferences of Your Judge
Gracefully Allow Judges to Change Their Mind
Respond with Respect Even When You Disagree with the Judge
Chapter 7: Preliminary Matters
If You Shoot the King, You Better Kill Him: Things to Consider Before Filing a Motion to Recuse Your Judge
You Probably Won’t Kill The King
Even If You Win, You Lose
Does This Work in Your Favor?
When You’re “The Problem”
Preparing to File Papers
Filing the Papers
Are You Ready for Discovery?
If You Must…
Chapter 8: Preliminary Matters
What You Need to Know to Get a Temporary Restraining Order and Turn it Into a Temporary Injunction
An Overview of the Considerations for the Lawyer and Client Before Approaching a Hearing for Injunctive Relief
Three Ways to Immediately Build Credibility with the Court When Responding to a Request for Expedited Injunctive Relief
Questions the Lawyer and Client Must be Able to Answer Before Filing an Application for Injunctive Relief (Or, Begin Losing Credibility with the Court)
Questions the Lawyer and Client Must be Able to Answer Before Responding to an Application for Injunctive Relief
Forum Shopping: Venue, Local Rules and Local Practices Can Provide an Advantage
Expedited Discovery to Prove Your Case
Filing the Papers
The Proposed Order
The Power of Presumptions, Irreparable Harm and Inadequate Remedy at Law in Your Pleadings and Proof
The Hearing
The Bond: An Often Overlooked Opportunity for Advocacy
Not All Upside for the Applicant: Consequences for a Wrongfully-Obtained Injunction
Chapter 9: Preliminary Matters
What Do You Do When You Don’t Have Enough to Get a Temporary Restraining Order: Pre-Suit Discovery
Considerations for the Lawyer and Client Before Seeking Pre-Suit Discovery
Questions the Lawyer and Client Must be Able to Answer Before Filing the Petition
Drafting the Petition
Perfect the Procedure
The Hearing
Follow Through on the Discovery
Chapter 10: Preliminary Matters
Considerations Before Moving to Compel Arbitration
The Promise of Panacea and Modern-Day Realities
The Promise of…Delay?
Selecting an Arbitrator
Potential for Additional Expense
Conflict of Interest
Filing Your Motion
Succeeding at Your Hearing
Chapter 11: Preliminary Matters
You Say You’re Not From Texas? How to Win Your Next Special Appearance
Preparing to File Your Motion
Amending Pleadings
Burden of Proof
Presenting Evidence
Chapter 12: Preliminary Matters
Why Are You Afraid of Me: Persuading a Judge to Grant Your Motion to Transfer Venue
Plaintiff’s Considerations
Movant’s Considerations
Filing a Successful Motion
Effective Attitude at the Hearing
Chapter 13: Preliminary Matters
Electronic Discovery and ESI: Just Another File Cabinet
Considerations for the Lawyer and Client Before Seeking e-Discovery
Questions the Lawyer and Client Must be Able to Answer Before Filing the Petition
Drafting the Preservation Request
Drafting Your Requests
Chapter 14: Discovery
How to Make a Judge Eagerly Await Your Next Discovery Dispute
Tips for Filing the Motion
Having an Effective Attitude at the Hearing
Winning When You Lose
Chapter 15: Discovery
When and How to Seek Court Intervention During Depositions
Know the Rules
Fix Anticipated Problems in Advance
Know Your Opposing Counsel
Bring a Videographer
Know Your Judge
Strictly Follow the Rules
Preparing Papers?
Chapter 16: Discovery
Why You Should Never File a Motion for Sanctions Against Another Lawyer (With One Exception)
A Judge’s Bias
Fighting an Uphill Battle
Diminished Credibility
The Exception
Having a Successful Hearing
How to Respond When the Judge Thinks You’re the Jerk
Chapter 17: Dispositive Motions
How to Successfully Argue Your Next Summary Judgment Hearing in Fifteen Minutes
Preparing to File your Motion
The Motion
Keep Your Summary Judgment Argument Short and Simple
Make a Straightforward, Organized and Familiar Argument for Summary Judgment
Present a Stimulating Argument
Pointers for Defeating a Motion for Summary Judgment
Using Motions for Summary Judgment to Avoid Discovery Disputes
Chapter 18: Dispositive Motions
Excluding Experts at the Robinson Hearing
What is the goal of your Robinson challenge?
Analysis to Guide Your Discovery
Expert Reports
Request for Disclosures
Chapter 19: Trial and Post-Trial
A Jury of One: Make Your Next Bench Trial Enjoyable for the Judge
Prepare Thoroughly
Demonstrating a Respect for the Process
Advocate Passionately
Do the Dance
Final Word
Chapter 20: Trial and Post-Trial
The (Only) Three Successful Arguments in a Motion for New Trial
What is the Goal?
The Judge Made an Honest Mistake
The Jury Failed to Follow the Law
You Messed Up
The Nonmovant
Chapter 21: Trial and Post-Trial
The Four Attributes of a Superb Local Counsel
Be a Resource
Be Experienced
Be Supportive
Be Available
Chapter 22: Trial and Post-Trial
The Pretrial Hearing: Likely the Most Important Day in the Life of Your Case
The “Preliminary” Charge Conference
Back Page
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