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McElhaney discusses how to lay the foundation of a case by properly presenting evidence. He also describes the use of the trial notebook method to organize the presentation of a case.
"Trial Notebook" offers hundreds of techniques and tactics for every stage of a trial's progress in spare, lively, memorable prose. Users get strategies grounded in actual courtroom experience that will improve the effectiveness of their advocacy.
"All of the essays ... first appeared in Litigation"--Page viii.
This guide provides the reader with clear, ready-to-use techniques that will make them a better trial lawyer and sharpen their understanding of the basics. serves as a resource for questioning and selecting a jury.
In this new, third edition of Theater Tips and Strategies for Jury Trials, David Ball updates his methods and approaches to jury persuasion. This practical step-by-step guide helps you navigate the changes that occur in jury trials instead of being blindsided by them. Based on both research and the experience of lawyers and trial consultants across the country, Theater Tips and Strategies for Jury Trials, Third Edition, presents techniques of the stage and screen you can use to win in the courtroom. Ball tells how to use theater concepts to persuade and motivate jurors. He tells attorneys how to look, talk, and act naturally, and to communicate the truth clearly and memorably, so they gain trust and credibility from judges and jurors. Ball provides practical guidance for voir dire, openings and closings, testimony, and focus groups. He describes what practitioners can learn from actors about their manner, voice projection, and behavior. He explains how to grab the jury from the beginningjust as a good movie opening captures the audience. He details how to prepare your {28}cast.
From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.