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Communication in Legal Advocacy

Richard D. Rieke and Randall K. Stutman

Published: Dec 1 1992




Published: Mar 7 2022

OA Ebook
Published: Mar 7 2022


The inclusion of this book in the Open Carolina collection is made possible by the generous funding of

Communication in Legal Advocacy integrates work in legal theory, communication theory, social science research, and strategic planning to provide a comprehensive anaysis of the communication processes in trials. Responding to the emerging interest in alternative dispute resolution, the book situates the trial within the broadercontext of dispute resolution, calling attention to the ways in which negotiation, mediation, and arbitration interrelate with trials. This study bends traditional argumentative analyses such as the rational-world notions of adversary proceedings, presumption, burden of proof, and essential issues with contemporary ideas of narrative rationality. The volume offers the reader a practical and strategic guide to effective trial advocacy, and it provides theoretical insights into trials as socially sanctioned mechanisms of dispute resolution.

Richard D. Rieke has been a student of communication and law since his doctoral work at Ohio State University in 1964. His dissertation "Rhetorical Theory in American Legal Pracice" was one of the first studies to argue for a rapprochement between legal theory and rhetorical theory in relation to the practical processes of conducting trials and appeals. Since then, as a member of the faculty at Ohio State and later the University of Utah, he has continued to study trials, appellate advocacy and appellate decision making from the perspective of rhetorical/communication theory. He is currently involved with the Utah State Bar and the American Arbitration Association in making dispute resolution more accessible to citizens of Utah.

Randall K. Stutman received his PhD in Communication from the University of Utah in 1985. An assistant professor in the Department of Speech Communication at the University of Illinois, Champaign-Urbana, he has received numerous teaching awards and has written extensively on persuasion and trial advocacy.

"". . . an important resource for instructors teaching courses in communication and law. This book is well suited for either students studying in a prelaw curriculum or for those studying advanced persuasion theory.""—Quarterly Journal of Speech

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