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Arguing the Law: The Advocate's Duty and Opportunity, 16 Georgia L. Rev. 821 (1982)


There have been many expositions on advocacy, including some
delivered as Sibley Lectures. These expositions say pretty much
the same thing: be candid, be thorough, be concise, formulate the
issue carefully, answer questions directly, and "go for the jugular."
It would be incautious to reject good advice as to technique, and
this sort of thing sounds like good advice. Yet the fact that the
same advice keeps coming forth raises doubt about whether it is
being heeded, or even heard. It also raises the possibility that the
problem of advocacy is more complex than implied by these pedagogic
admonitions. My purpose is to explore that possibility.

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