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From as early as he could remember, Derick Sylvester had set his sights on becoming a lawyer and to fight injustice. Throughout this autobiography, Sylvester presents unique insights into the trial process and he reflects upon the many cases in which he has been involved. Trials of a Trial Lawyer traces the journey of Derick Sylvester's life to date and explores the many experiences that have influenced his progression into the lawyer we see today. Written in his own words, this autobiography is emotive, engaging and reflects his empathy for the human condition, his passion for the law and his never-ending quest for justice.
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.
"This book is written to take its readers through each stage of a jury trial, starting with the filing of a lawsuit long before a jury trial begins and ending in the motion practice concluding long after the jury's verdict. The concept of this book is to divide the trial process into its fifteen segments, and with each author giving their perspectives, one from the Plaintiff's perspective and one from the Defendant's perspective. The authors hope and trust that young trial lawyers-to-be will find useful the lessons the authors have learned and shared, within the pages of this book"--
Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. Ball explains why jurors give, why they do not, and how to motivate them to provide a large verdict. -- from publisher.
Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers' public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
In his autobiographical work, Mark Stageberg describes the many colorful adventures of his broad legal career as a trial lawyer. Beginning with the challenges of law school, to the struggles in a first legal job, to how he developed into an aggressive and highly successful trial lawyer, Stageberg minces no words. He tells of his experiences working with large law firms and then on his own as a sole practitioner, giving readers an inside look at the challenges and satisfactions that arise from practicing law in both arenas. Stageberg describes many true-to-life courtroom battles that rival the best fiction writers' trial stories. From litigation against the mighty Mayo Clinic to representation of a young Special Olympics athlete who was the victim of a violent assault, this narrative can be a most informative resource for attorneys, law students, and any interested reader.
REPRESENTING PEOPLE AGAINST POWER Internationally known legal ethics professor Richard Zitrin's work as a trial lawyer placed him on the front lines of fighting systemic racism, pervasive elitism, and injustice against individuals in the legal system. In Trial Lawyer, he shares details of the most compelling cases he's encountered and exposes the dilemmas he faced throughout his one-of-a-kind career. The profound, the consequential, the shocking, the bizarre, and even the humorous, Trial Lawyer brings to life what it means to represent people against power. From his first case as a young law student on the famous and highly politicized San Quentin Six case and throughout his forty-year career, Zitrin has worked on dozens of cases that underscore the inherent biases of the legal system - towards people of color, the poor, the less educated, and those who just don't appear to fit the mold of whatever society considers "normal". His personal stories bring the reader inside the courtroom to experience a unique cast of characters, strange-but-true facts, brilliant trial tricks and tactics--and not-so-brilliant ones that failed miserably. Each had its own lessons: about social justice, fairness, strategy, ethics, morality, and more.
"Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."-- Bob Dekle, Legal Skills Professor, University of Florida, and retired assistant state attorney.
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.