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This book contains numerous pearls of wisdom, comprehensively discussing what effective trial lawyers eventually learn "on the job," every aspect of the civil litigation process, from first client meeting through appellate argument. The book illustrates how to avoid the mistakes inexperienced litigators frequently make, and includes what the traditional texts miss.
How to Succeed as a Trial Lawyer, Second Edition is a compendium of essentially every aspect of the civil litigation process and then some, told with humor and erudition. This book does not purport to be an academic treatment of the subject. Instead, it provides practical pointers on everything from dealing with clients and adversaries to managing ethical dilemmas to marketing one's practice and learning how to avoid alienating prospective clients at the next fund-raising dinner. The section on effective deposition-taking is a first-rate primer on that subject. Taken as a whole, the book provides a comprehensive checklist and how-to guide for civil litigators. This book is equivalent to having a sophisticated and accomplished trial lawyer in the family who is willing to take the time to share the fruits of his long experience and savvy insight on everything that matters in the civil litigation process. Two themes permeate this book. First, in the Edelstein view of the litigation process, less is almost always more. As noted, briefs should be edited to the point of gem-like brilliance. Significantly, the cogency that underlies the most effective briefs also informs other key aspects of the litigation process, from determining the necessary scope of discovery to sifting through the claims to present in a complaint or to pursue at trial. Second, every trial lawyer needs to identify the themes that will advance the client's cause and make certain that every litigation judgment is consistent with those themes. Following the precepts of this book will maximize every client's opportunity for success while minimizing the needless costs and expense that have given the contemporary litigation process such a bad reputation. Litigation is a challenging vocation. It demands not only intellectual ability but attention to detail, perseverance, creative problem-solving, persuasiveness, focus, integrity, and the ability to press the client's position with enthusiasm while maintaining sufficient detachment to provide the objective, independent advice the client requires. How to Succeed as a Trial Lawyer, Second Edition is an invaluable guide to each of these requirements and more.
In Strong Advocate, Thomas Strong, one of the most successful trial lawyers in Missouri’s history, chronicles his adventures as a contemporary personal injury attorney. Though the profession is held in low esteem by the general public, Strong entered the field with the right motives: to help victims who have been injured by defective products or through the negligence of others. As a twelve-year-old in rural southwest Missouri during the Great Depression, Strong bought a cow, then purchased others as he could afford them, and eventually financed his education with the milk he sold. After graduating law school and serving in the Army’s Counter Intelligence Corps, he rejected offers to practice in New York and San Francisco and returned to his hometown of Springfield. Strong exhibited his lifelong passion to represent the underdog early in his practice, the “trial by ambush” days when neither side was required to disclose witnesses or exhibits. He quickly became known for his audacious approach to trying cases. Tactics included asking a friend to ride on top of a moving car and hiring a local character called “Crazy Max” to recreate an automobile accident. One fraud case ended with Strong owning a bank and his opponent going to prison. When he sued a labor union for the wrongful death of his client’s spouse, he found his own life threatened. With changes in the law that allowed discovery of information from an opponent’s files as well as the exhibits and witnesses to be used at trial, Strong and fellow personal injury attorneys forced a wide array of manufacturers to produce safer products. When witnesses of a terrible collision claimed both roadways had green lights simultaneously, Strong purchased the traffic light controller. After three months of continuous testing at a university, the controller failed, showing four green lights, and Strong learned that fail-safe devices were available but had not been implemented. These fail-safe devices are now standard on traffic lights throughout the country. In his last venture, Strong represented the state of Missouri in its case against the tobacco industry, culminating in a settlement totaling billions of dollars. He reflects on the changes—not always for the better—in his oft-maligned profession since he entered the field in the 1950s. Thomas Strong’s story of tenacity, quick wits, and humor demonstrates what made him such a creative and effective attorney. Lawyers and law students can learn much from this giant of the bar, and all readers will be entertained and heartened by his victories for the everyman.
"Aiding in helping young lawyers develop the art of trial advocacy"--
From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
Includes bibliographical references and index.
In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.
"Like the popular earlier editions, the fourth edition of A Lawyer Writes puts the reader in the place of a first-year attorney faced with real-life assignments. In doing so, it teaches law students not only how to succeed in law school, but also how to succeed in the practice of law. Using graphics and visual samples that demonstrate both effective and ineffective analytical techniques, this updated edition illustrates best practices for objective legal analysis and provides an overview of the transition from objective to persuasive writing. The content and examples in the fourth edition have been supplemented, updated, and reorganized to provide an easy-to-use, step-by-step approach for learning legal analysis and objective writing. A Lawyer Writes aims to provide clear and concrete instruction about each facet of legal analysis, using the same order students will follow when performing the tasks in legal practice. The textbook also provides the relevant theory and background behind the choices attorneys make in their legal writing, enabling students to transfer those techniques to future settings. Speaking to its readers in a straightforward manner, A Lawyer Writes communicates essential skills and theories students can use throughout a lifetime of legal practice"--