Is the Art of Advocacy all wrong

Philip D. Cave

This is an academic book written in a very accessible style with limited jargon and lots of information as to what advocacy lore is supported (and what is not supported) by the research literature. The book covers a wide variety of topics: attorney demeanor, attorney verbal communication as well as paralinguistic and kinesic communications (all are defined), the attorney-client relationship and attorney storytelling. The authors say the book was written to document which aspects of trial advocacy lore are actually supported by the literature. They comment that: Trial commentators are [typically] relying on ‘pop’ psychology and seldom using social and behavioral scientific research as the basis for their proposed strategies. This book addresses that omission by summarizing trial advocacy lore in each area and then examining the research literature to see what is actually supported and what is not. Each chapter is similarly structured. An overview of the trial advocacy literature is followed by a review of the social and behavioral research to see what recommendations are supported and which are not. This is an academic book written in a very accessible style with limited jargon and lots of information as to what advocacy lore is supported (and what is not supported) by the research literature. The book covers a wide variety of topics: attorney demeanor, attorney verbal communication as well as paralinguistic and kinesic communications (all are defined), the attorney-client relationship and attorney storytelling.

The authors say the book was written to document which aspects of trial advocacy lore are actually supported by the literature. They comment that:

Trial commentators are [typically] relying on ‘pop’ psychology and seldom using social and behavioral scientific research as the basis for their proposed strategies.

This book addresses that omission by summarizing trial advocacy lore in each area and then examining the research literature to see what is actually supported and what is not. Each chapter is similarly structured. An overview of the trial advocacy literature is followed by a review of the social and behavioral research to see what recommendations are supported and which are not.

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