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The Art of Advocacy (2011) (pdf eBook)
What to Do and How to Do It Before the MSPB and ArbitratorsBy: Fowler & VitaroPrice: $160.00
Sku: 11AOA-PDF
Edition: 1st/2011 ISBN: 1-934651- Availability: IN-STOCK (released 10/13/11)Format: eBook .pdf download + optional print copy | Change to Book (+ optional CD) format
Written by long time federal sector employment law practitioners, this how-to text offers step-by-step instruction for advocating before the MSPB and arbitrators. Packed with practice tips, forms, outlines, checklists, do’s and don’ts, and lessons from over 60 years of the authors’ experience as trial lawyer, judge, and arbitrator. Practitioners and those who “second-chair” or interface at any step in the advocacy process rely on the Art of Advocacy for instruction on topics including:
- The Essence and Importance of Effective Advocacy
- Board Fundamentals: Process and Procedures, Laws and Regulations—including MSPB structure, appealable actions, remedies, affirmative defenses, and important cases by topic
- Arbitration Fundamentals: Process and Procedures—including specific categories of cases, arbitrator selection, and award review
- Proof Requirements: What to Prove, How to Prove It—including nexus, penalty reasonableness, affirmative defenses, proof requirements for misconduct and performance cases, and evidence
- Preappeal Advocacy: Critical Employee or Agency Considerations—including agency fact-finding, proposal notice, response and agency decision notice
- Winning on Discovery—including Board discovery procedures, document production, interrogatories, admission requests, depositions, and discovery in arbitration
- Advocacy and Effective Motion Practice—including motion in limine, to dismiss, strike, disqualify, bifurcate and for summary judgment, a more definitive statement, protection order, sanctions, subpoena, enlargement, extension of time or continuance, interlocutory appeal, enforcement, and attorney fees
- The Winning Direct Examination—including how to organize direct and how to question, the keys to clarity and persuasion, and special questioning techniques and situations
- The Winning Cross-Examination—including what to ask and when to ask it, seven keys to clarity and persuasion, and common objections
- Oral and Written Advocacy: The Opening, Closing, Posthearing Brief, Petition for Review
- Settlements and the Art of Advocacy—including how to weigh the pros and cons of settlement and specific clauses
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