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"This book will become a standard in the field of trial advocacy. It's the most thoughtful, concise, & theoretically correct book to be published."--Morgan Cloud, Professor, Emory University School of Law renowned full trial programs use the text, as do prominent law schools nationwide. Now, Steven Lubet takes advocates from developing a winning case theory through all phases of trial. He tells how to present your case as a story, & how to tell that story to the jury powerfully & persuasively. This second edition includes three significant additions: a trial tools chapter, a persuasion theory chapter, & an expanded jury selection chapter. In the new chapter on trial tools you discover persuasion techniques you can use throughout the trial. For example, you will learn how to present information for the greatest impact, how to use powerful, convincing language, & how to gain trust & credibility from judges & jurors. The added persuasion theory chapter gives you insight into how judges & jurors make decisions so you can most effectively shape your argument & approach & the expanded jury selection chapter teaches you strategies to eliminate biased jurors, gather information about eventual jurors that will help you present your case more effectively, & begin to tell your story to the jury. Whether you're an experienced or novice practitioner, you can't afford to be without this text.
Basic trial advocacy is the classic text on the presentation of civil and criminal cases in court. Since its publication in 2005 it has been used in countless law school and continuing professional education programs to impart with clarity and simplicity the basic skills of effective trial presentation. It is a useful guide and refresher even for the experienced practitioner when going to court.
Surely one of the most intimidating moments in your professional life is standing before a judge and jurors the morning of your very first trial. This is no mock trial: the stakes are high, and your client is counting on you. Are you ready? Trial Advocacy Basics is a courtroom primer that helps both the novice advocate prepare for his first day in court and the practicing lawyer bring her skills in line with the most recent developments in trial advocacy. In the Second Edition of this law school classic, Molly Townes O'Brien and Gary Gildin provide the modern perspectives on both the style and substance of case analysis, case theory, cross-examination, impeachment, closing arguments, and presenting information using technologies. They break down the importance of finding a single factual story of the case, then explain how each aspect of the trial must contribute to that story. O'Brien and Gildin relate practical advice on every stage of trial preparation and practice in a straightforward manner, using memorable examples and anecdotes, colorful quotes, and humor to highlight each lesson.
Now in its fourth edition, Modern Trial Advocacy: Canada is the first and last word in Canadian trial practice. This classic handbook, published by the National Institute for Trial Advocacy, gives practitioners a detailed road map for conducting a trial. Expanding on the original text written by Steven Lubet for an American audience, experienced Toronto trial lawyers Cynthia Tape and Julie Rosenthal guide the beginning advocate in developing a winning case theory through all phases of trial. They explain how to present a case as a story – and powerfully and persuasively tell that story to the jury. Modern Trial Advocacy: Canada provides not only Canadian case law and statutes, but also valuable insight into the specific elements of Canadian litigation practice as itpresents a realistic and contemporary approach to learning and developing trial advocacy skills. This book offers a sophisticated, theory-driven approach to advocacy training that distinguishes it from other books in the field. The fourth edition has been updated with current citations to case law, statutes, and rules and the latest “best practices” for using technology in the courtroom.
"A trial is a story-the story of your client's truth, and there is an art to storytelling. To succeed, your story must mesmerize, entertain, and persuade the jury throughout every phase of trial. This book is a direct, to-the-point guide to successfully master that art, tell that story, and try your case in New York State court. It is written in a conversational tone and deliberately brief to avoid the boredom that causes many students to throw books aside and jurors to lose attention during your case. Instead of telling you what to do, it contains detailed examples that illustrate how to implement the recommended techniques. It contains specific methods used by the most successful New York civil and criminal attorneys to win their cases and explores the right way to conduct each stage of the trial as well as discussing expert testimony, evidence, and the law of trial advocacy in New York, which will help you win your case and tell your story"--
"Aiding in helping young lawyers develop the art of trial advocacy"--
"Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the “art of advocacy” into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into “argument-centered narratives” that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called “atomic spies,” 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children’s stories such as Humpty Dumpty and Jack & Jill." -- Publisher.
This widely adopted book has become the preeminent advocacy text for law students and lawyers. The chapters comprehensively explore planning and preparation, procedures and motions, evidence and objections, direct and cross examinations, the use of exhibits, opening statements and summation, jury selection, and verdicts and appeals. These chapters enable students to become highly competent, responsible, and ethical trial lawyers. They will learn how to effectively prepare and present civil and criminal cases in state and federal courts and to appear in judicial, arbitral, and administrative law forums. This Fifth Edition covers the strategies, tactics, and techniques applicable to effective advocacy and provides examples and illustrations of successful advocates. Novel materials include the evidentiary impact of electronic information, the latest computer generated exhibits, and new foundations for the introduction of emails and social network communications. Examples from history, current events, literature, films, and the arts demonstrate advocacy skills in an interesting and relevant manner that makes learning advocacy both highly educational and entertaining. A companion Supplement contains complete transcripts of a civil jury trial, an arbitration, and an administrative hearing along with the federal rules of evidence and selected rules of procedure. No other book includes this comprehensive and outstanding coverage of advocacy.
"So you want to be a trial lawyer. By reading this manual you have chosen not to fail. By choosing not to fail, you are seeing yourself as a trial lawyer. You have resolved to stand up for those whose light shines dim and whose voice is heard small. It is now time to get your head in the game. The ultimate goal in any trial is to win. You win by telling your client's story in such a way that it compels the jury to see and understand it and believe in it the same way you do. You accomplish that by establishing your credibility with the jury -- by loving your client, telling the truth and being real"--
An invaluable resource for experienced trial attorneys, inexperienced trial attorneys looking to advance to the next level of trial practice, and corporate counsel who handle litigation, this book looks at the role courtroom psychology plays in modern trial practice. It covers the essentials of trial practice, including jury selection, opening and closing statements, and questioning witnesses, as well as the key aspects of arbitration hearings and mediations. But what makes this book different from basic trial advocacy primers is its attention to the results of decades of scientific research relating to courtroom psychology (or persuasion psychology). This area concerns how and why jurors, judges, and arbitrators make decisions and how they are influenced. This book examines the role persuasion psychology plays in modern trial practice and how lawyers can use it to their advantage.