Lawyers, Judges & Semi-Rational Beasts surveys the cognitive science literature to distill the main findings that matter for persuasion in any context involving deliberative decision-making — with a focus on the legal context. The book assembles those findings into a coherent model of human decision-making and identifies foundational principles on which legal advocacy (or indeed, advocacy in most contexts) should be based. “You can spend the next 5 years reading every good book on persuasion, or you can read this one elegantly written book by Dan Holloway. But this is more than a summary of what others have written; it is a brilliant integration of what others have written into a powerful perspective on persuasion for the trial lawyer.” — Richard H. Friedman, Inner Circle of Advocates; co-author of Rules of the Road; author of Polarizing the Case and On Becoming a Trial Lawyer “Lawyers spend their careers attempting to persuade judges, jurors, clients, adversaries, and the press to adopt their positions — without giving sufficient thought to what would motivate those audiences to do so. Dan Holloway has drawn together a fascinating analysis of the inner workings of the human mind and how lawyers can apply that knowledge to persuade different types of thinkers. A valuable analytical tool for any attorney’s arsenal.” — Robert J. Dwyer, Boies Schiller Flexner LLP “In easy, engaging prose, this book provides indispensable light for anyone engaged in the foggy, mysterious work of persuasion. Every law firm should provide a copy to each of its lawyers.” — Lawrence B. Schlachter, MD, JD, Neurosurgeon (retired); medical malpractice attorney (active); author of Malpractice: A Neurosurgeon Reveals How Our Health-Care System Puts Patients at Risk “Crossing back and forth through the permeable membrane between the conscious and the unconscious realms where decisions sprout, Dan Holloway guides us on a meticulous, no-stone-unturned quest to reveal what determines how jurors or judges hear or read what the advocate speaks or writes. As Dan explains, persuasion is a matter not of proof, but of people: No one should be disappointed or disturbed to realize how little the “I” yammering away in your head actually controls. It’s mainly the unconscious self we love — the way you wear your hat, the way you sip your tea, the way you grin when your niece walks in . . . all the things you do without thinking about it. Those define you most. Those are the reasons people like you (or don’t). You hardly need me to say that all of this holds true as much for judges and law clerks and jurors as it does for you. Their responses to your brief or your trial presentation will derive largely from unconscious processes. Actually, Dan, we do need you to say it, and particularly in the depth and breadth of observation with which you have considered it in this book.” — Joshua Karton, communication and trial consultant; co-author of Theater for Trial with David Ball “Full of surprising facts and strikingly original observations, this book manages to combine sound practical advice for lawyers with a profound meditation on human thought, motivation, and behavior.” — Louis Michael Seidman, Carmack Waterhouse Professor of Constitutional Law, Georgetown University Law Center “A comprehensive study of the science and art of persuasion – boiled down to effective tools for winning over judges and juries (and your spouse and teenage child too).” — Mauricio Gonzalez, DLA Piper “The lessons and information Holloway provides would be valuable in any law school classroom. In particular, this book could serve as a key text in a stand-alone class on persuasion. It could also be a valuable supplemental resource in a variety of legal writing, clinical, and other courses that merge theory and practice.” — Ann Mallatt Killenbeck, Professor of Law, University of Arkansas “This book distills a library of cognitive science literature into a concise description of how human beings think and decide. Dan Holloway’s book provides the bedrock foundation from which all lawyers should work. It is required reading for anyone who wants to persuade.” — Lloyd N. Bell, medical malpractice attorney and member of the Inner Circle of Advocates

The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.

Originally published: 5th ed. Boston: Little, Brown and Co., 1956.