By: Ray LeBov

Perseverance Equals Persistence Plus Patience

In today’s podcast, I talk about my fifth rule for being an effective lobbyist; understanding that perseverance equals persistence plus patience. While perseverance is correctly cited as being key to a lobbyist’s success, it is also critical to an advocate’s success to not engage in the fallacy of thinking that perseverance and persistence are the same thing. Perseverance equals persistence and patience, in roughly equal parts.

For more advocacy tips from me and from the faculty at McGeorge School of Law, please visit CAP·impact’s In Practice Archive or attend one of the next sessions of Capitol Seminars, hosted at McGeorge School of Law in Sacramento.

By: Adrienne Brungess

Improving the Lyrical Nature of Your Language with Alliteration and Repetition

In this In Practice podcast, I discuss how an advocate can effectively use alliteration and repetition to improve the lyrical nature of their arguments, without being too Seussical.

For more information and advocacy tips, you can reference my previous podcasts on CAP·impact on the use of imagery, simile and metaphor and ethos and credibility. You can also look for my posts on the blog Global Lawyering Skills as well.

By: Ray LeBov

The Difference Between Motion and Action

In this podcast, I talk about my fourth rule for being an effective lobbyist, which is knowing the difference between motion and action. Every advocate can probably relate a painful experience of how they snatched defeat from the jaws of victory by giving in to their – or their client’s – natural tendency favoring activity for its own sake.

For more advocacy tips from me and from the faculty at McGeorge School of Law, please visit CAP·impact’s In Practice Archive or attend one of the next sessions of Capitol Seminars, hosted at McGeorge School of Law in Sacramento.

By: Ray LeBov

Not Letting the Perfect Become the Enemy of the Good

In this podcast, I talk about my third rule for being an effective lobbyist, which is not letting the perfect become the enemy of the good. While you or your client may love your bill, it is important to remember that most of the time, it is not achievable to get 100% of what is initially in your bill. You need to know where to draw the line when it comes to what you’re willing to compromise.

For more advocacy tips from me and from the faculty at McGeorge School of Law, please visit CAP·impact’s In Practice Archive or attend one of the next sessions of Capitol Seminars, hosted at McGeorge School of Law in Sacramento.

 

 

 

Advocacy in Practice with Justice Andrea Lynn Hoch

I sat down with Associate Justice Andrea Lynn Hoch from the California Third District Court of Appeal. We discussed the many facets of her work at the Court as well as her insights, observations, and tips for attorneys appearing before her, and the Third District Court of Appeal. Thank you for listening.

 

 

 

The Importance of Honesty

In this In Practice podcast, I talk about my second rule for being an effective lobbyist, which is to always be honest. There are many reasons why it is important to always be honest, but perhaps the best reason is that it is easier to remember the truth than it is to remember what lies you’ve told in the past, and to whom.

For more advocacy tips from me and from the faculty at McGeorge School of Law, please visit CAP·impact’s In Practice Archive or attend one of the next sessions of Capitol Seminars, hosted at McGeorge School of Law in Sacramento.

 

 

 

Effectively using imagery, simile, and metaphor

In this In Practice podcast, I discuss how telling a compelling story can help an advocate clarify points and simplify complex topics. To be able to tell these stories, an advocate’s skills are greatly enhanced by a solid grasp of how to effectively use imagery, simile, and metaphor – which I review in greater depth in this podcast.

For more information and advocacy tips, stay tuned here at CAP·impact and look for my posts on the blog Global Lawyering Skills as well.

 

 

 

In December, the Court will hear argument in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission.  A cake baker claims that a Colorado civil rights law, which requires him, as a merchant serving the public, to provide his product on a nondiscriminatory basis to gay people for their weddings, unconstitutionally compels him to speak.  A decision in favor of the cake baker would restrict the ability of California and California cities to enforce similar nondiscrimination laws.

President Trump’s appointee, Justice Gorsuch, likely provided the fourth vote to grant review in the case. The Trump Administration has filed an amicus brief arguing that the Court should interpret the Constitution in the way the baker suggests.

Recently, in the Take Care blog, Yale Law School Professor Robert Post reviews the Department of Justice’s brief in light of free speech doctrine.  The DOJ’s key claim is that creating a cake should be constitutionally protected at the same level as core political speech. So, because the Constitution forbids the government to compel a child to engage in the expressive action of saluting the flag, the Court should interpret it to forbid the state to compel a custom cake baker to make a cake to be used at an “expressive” event, such as a gay wedding.  Dean Post responds:

If heightened First Amendment scrutiny were to be triggered by the fact that a wedding is a “deeply expressive” event, all the innumerable commercial actors who participate in weddings—furniture rental companies, chauffeurs, caterers, tailors, flower arrangers, wedding planners—could raise First Amendment challenges to the application of antidiscrimination law. Ditto for all the many commercial actors who participate in the countless other “deeply expressive” events that populate the landscape of American society—funerals, births, schools, theaters, concerts, and so on.

Any such conclusion would … rip the guts out of any effort to establish equality in the commercial marketplace.”

You can read Professor Post’s full commentary on Take Care.

 

 

 

 

Be a Sponge

In this In Practice podcast, I talk about my first rule for being an effective lobbyist, which is to be a sponge. It might sound fairly common sense, but this rule has served me well throughout my career as an advocate. These are not just helpful for aspiring legislative advocates only, but serve as useful guidelines for careers in legal advocacy – save for one rule, which I will go over in a later podcast.

For more advocacy tips from myself and from the faculty at McGeorge School of Law, please visit CAP·impact’s In Practice Archive or attend one of the next sessions of Capitol Seminars, hosted at McGeorge School of Law in Sacramento.

 

 

 

Components of a Trial

In this In Practice podcast, I talk about the components of a trial, with a special focus on how to judge how well an attorney is performing in any given segment of the trial. Similarly, for attorneys tuning in, you could use the information in this podcast as a refresher on how to be a more effective trial advocate. I go over the hallmarks of effective and ineffective advocacy at the stages of: jury selection, opening statement, direct examination, cross examination, and closing argument.

For more information and tips on how to improve your advocacy, please refer to our In Practice Archive.