Douglas S Lavine

February 25, 2013 | National Law Journal

Both during oral arguments and in written briefs, a host of small problems can build to a major distraction.

By Douglas S. Lavine

7 minute read

March 16, 2009 | National Law Journal

Some lawyers view a problem from close up and only see its most obvious aspects. Others give their arguments and cases more thought. But a few bring a deeper vision to their cases and try to build something large, and beautiful and special. Is it too much to expect lawyers to bring a deep and creative consciousness to every case given the often pedestrian nature of many legal disputes?

By Douglas S. Lavine

8 minute read

May 21, 2007 | National Law Journal

Experienced lawyers and judges will tell you that credibility is the single most precious asset a lawyer possesses in a case, and over a career.

By Douglas S. Lavine

8 minute read

January 05, 2009 | National Law Journal

Feb. 12 marks the 200th anniversary of the birth of Abraham Lincoln. Beneath the mythological hero we have come to admire was an extraordinary human being: a political genius, a literary master and one of those rare leaders who combine political acumen with moral vision in the midst of crisis. In this column, I will focus on one of Lincoln's many outstanding advocacy skills: his ability to focus like a laser beam on the precise issue at hand.

By Douglas S. Lavine

9 minute read

October 19, 2009 | National Law Journal

Many lawyers seem to believe the purpose of oral argument is to touch briefly on each argument. This approach to oral argument is seriously flawed. What advocates can do to avoid missing out on rare, and valuable, opportunities to engage a decision-maker, will be the subject of this column.

By Douglas S. Lavine

7 minute read

August 11, 2008 | National Law Journal

One of the best mental exercises any advocate can attempt, prior to an argument, is to place oneself in the shoes of the decision-maker. Imagining what considerations will guide the decision-maker — be it judge, jury, zoning board or arbitrator — forces you to focus your attention on arguments that are bound to be persuasive, not merely personally satisfying to you or your client. The goal at the end of the day is to prevail and this is done by persuading the decision-maker to come to certain conclusions for her or his own reasons, not yours.

By Douglas S. Lavine

7 minute read

July 22, 2013 | National Law Journal

As a former SG observed, lesser points should revolve around cardinal point like planets around the sun.

By Douglas S. Lavine

5 minute read

July 04, 2011 | National Law Journal

Not only did this document proclaim some radical truths that are still disputed, but it did so in an unforgettable way.

By Douglas S. Lavine

7 minute read

October 22, 2007 | National Law Journal

It is said that Milton Berle would begin his comedy routines by telling five different one-liners, to gauge what type of funny the audience was looking for. His instincts provide a wonderful lesson for advocates - not all audiences are alike and so knowing your audience and then tailoring your performance to its needs and predispositions is essential.

By Douglas S. Lavine

8 minute read

January 26, 2007 | Law.com

In the eyes of much of the legal profession, it is with one carefully orchestrated question that the adversary can be obliterated and the case can be won. But, Douglas S. Lavine, who has sat as a trial judge for 13 years, believes the focus on cross-examination has obscured the importance of another critical, less sexy advocacy skill: the art of answering questions from a judge. Lavine discusses four common errors that he's observed over the years when lawyers are asked questions, and how to avoid them.

By Douglas S. Lavine

8 minute read