Trial Practice Books

Ladies And Gentlemen Of The Jury: Greatest Closing Arguments In Modern Law

Michael S Lief, Ben Bycel, H. Mitchell Caldwell

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Customer Reviews:
Total reviews: 17 Average rating: 4.0 of 5

Editorial Review:

Anyone who's ever watched Perry Mason knows that the closing argument is a very important part of a big legal case. The closing argument is the "game point" of law, the time when lawyers pull out all the stops on the cajoling and the litigating. Michael S. Lief and his coauthors have collected the closing arguments from 10 noteworthy cases in this volume, introducing each speech with background information on the trial and commentary on the lawyer's technique. In these pages, readers get front-row seats to some of the most riveting trials in this century, including the Charles Manson murder trial, Karen Silkwood's wrongful-death suit, and the trial of the Chicago Seven.

Because the authors chose to include all the courtroom interruptions in the transcript, the Manson summation makes for especially lively reading. Manson and his codefendants repeatedly spoke out of turn during prosecutor Vincent Bugliosi's statement, saying things like "You are going to be eaten up by your own lie" and "Even if I have never been in the Gotham Bank!" Bugliosi's speech is among the most eloquent in the collection, which is why it is so stunning when one of the defendants provokes him so much that he loses his cool and calls her a name that rhymes with rich.

Although the title promises the "greatest closing arguments in modern law," some of the speeches seem to have been chosen because they were connected to important cases rather than because of their own rhetorical merits. However, the cases themselves are interesting, and these transcripts bring them to life better than any summary would. This collection should be of interest to anyone in the legal profession. --Jill Marquis

The Art of Cross-Examination

Francis L. Wellman

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Customer Reviews:
Total reviews: 26 Average rating: 4.0 of 5

I give it to every one of my new associates 5 out of 5 stars.
4 of 4 people found this review helpful.

As soon as they're hired, each of my new associates always recieves this book as a gift.

The reason for this is twofold. On the one hand this book, dating from more than a century ago, imparts the kindly sensibilities the practice of law once had (and really, should still have).

On the other hand, this book is masterful in its treatment of the process of cross examining witnesses.

Second in significance only to the selection of a jury, the process of cross examination is key to winning jury trials. This is because admissions tendered by the opposing party can eliminate disputed issues or focus attention on credibility problems.

Though Wellman often goes into great detail in explaining his examples, it's been my experience that new attorneys to the field cannot help but benefit from such complete treatments.

In this way, Wellman leads by example both in relation to his gentility and his prowess.

Editorial Review:

1903. With the cross-examinations of important witnesses in some celebrated cases. Wellman, one of the great nineteenth-century trial lawyers, made his reputation in the musty New York courtrooms of the 1880s and 1890s as assistant corporation counsel and assistant district attorney. In this volume he draws upon his own experiences and the brilliant achievements of other noted lawyers to explain and exemplify the principles of questioning. He quotes extensively from many memorable cases, utilizing them to illustrate both the manner and matter of cross-examination. He takes up the handling of the perjured witness and the expert, he underscores the importance of sequence, and he offers many insights into the psychology of the witness; showing that knowing when to elicit information, and when not to, is critical to the artistry of the advocate.

Trial Techniques, 7e

Thoms A. Mauet

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Customer Reviews:
Total reviews: 8 Average rating: 4.0 of 5

Good, but look at Common Sense Rules of Advocacy by Evans 4 out of 5 stars.
10 of 25 people found this review helpful.

Mauet's book is very good, but Keith Evans' book, Common Sense Rules of Advocacy for Lawyers, IS FOR THE ADVOCATE AND NOT THE LITIGATOR.

Keith Evans practiced as a trial lawyer in California and as a barrister in England. In addition to law school teaching, Mr. Evans also made numerous presentations to different American Inns of Court.

Evans book is now published by TheCapitol.Net, and more information about this classic of trial advocacy can be found on their web site: thecapitol.net

Best bet is to buy Mauet's book and also the Common Sense Rules of Advocacy for Lawyers by Keith Evans.

A classic, but there are better books on trial techniques out there 3 out of 5 stars.
10 of 10 people found this review helpful.

Mauet's book has been around for a long time and it's beginning to show its age. The new edition sticks with the same format and doesn't add much new material. It offers solid advice that hardly anyone would disagree with, but in fact that's one of its flaws: it just doesn't push the envelope. For example, it tries to teach trial skills by looking only at hypothetical situations and fictional characters. Why use fiction when real life is so much more interesting and instructive? Why not use real court cases and learn from the mistakes and successes of lawyers we all know about?

My favorite trial techniques book right now is Winning at Trial, written by a current US Attorney (D. Shane Read). The author not only knows what he's talking about (you get the same solid advice as with Mauet), but the book also comes with two DVDs with over 4 hours of video from televised trials (including the O.J. trial), as well as numerous transcripts from actual trials. For students, your professor is probably going to stick with whatever text they're currently using, but I would recommend Read's book as a complement to give you a better idea of what really good (and not so good) trial attorneys do in actual trials.

The Devil's Advocates: Greatest Closing Arguments in Criminal Law

Michael S Lief, H. Mitchell Caldwell

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Customer Reviews:
Total reviews: 5 Average rating: 5.0 of 5

Editorial Review:

The Final Volume in a Must-Have Trilogy of the Best Closing Arguments in American Legal History

In The Devil's Advocates, Michael S. Lief and H. Mitchell Caldwell turn to the dramatic crimes and trials of criminal law. The eight famous cases in this riveting collection have set historical precedents and illuminated fundamentals of the American criminal justice system. Future president John Adams illustrates the principle that even the most despised and vilified criminal is entitled to a legal defense in the argument he delivers on behalf of the British soldiers who shot and killed five Americans during the Boston Massacre. Clarence Darrow provides a ringing defense of a black family charged with using deadly force after defending themselves from a violent mob - an argument that refines the concept of self-defense. And perhaps the best-known case is that of Ernesto Miranda, the accused rapist whose trial led to the critically important Miranda decision, which underpins procedure at every criminal arrest.

Each case presented is given legal and cultural context, including a brief historical introduction, biographical sketches of the attorneys involved, highlights of trial testimony, analysis of the closing arguments and a summary of the trial's impact on its participants and our country. In clear, jargon-free prose, the authors make these pivotal cases come to vibrant life for every reader.

The Trial Lawyer: What It Takes to Win (Section of Litigation's Monograph Series)

David Berg

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Customer Reviews:
Total reviews: 7 Average rating: 5.0 of 5

A MUST READ! 5 out of 5 stars.
12 of 16 people found this review helpful.

Each arena has it's Michael Jordan. In the courtroom, it is David Berg. And Berg has taken this natural talent and time-honed skill to a new level as he unlocks certain secrets that have catapulted him to the top of his profession. What most have considered his "magic," he explains as common sense practice. This book should be a required text at every law school. Those in the legal profession should not just read this, they should study it. The difference it will make in case results more than pays for the book, over and over again.

Editorial Review:

David Berg knows how to win cases. And he knows how to tell a story. In The Trial Lawyer: What It Takes To Win Berg puts both skills to dazzling use in an engaging and instructive guide to winning at trial. Berg covers the key elements of a trial - persuasion, discovery, jury studies, voir dire, opening arguments, cross examinations, preparing and presenting witnesses and closing arguments - but he also shares his thoughts on what it takes to win - whether winning means a decisive verdict or an extraordinary settlement.

McElhaney's Trial Notebook, Fourth Edition

James W. McElhaney

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Total reviews: 7 Average rating: 4.5 of 5

Very Witty and Wise Advice 5 out of 5 stars.
6 of 6 people found this review helpful.

This book contains a wide variety of articles that were written by James McElhaney for the American Bar Association's Litigation journal over the years. He dispenses a tremendous amount of wisdom collected from his own experience and that of other lawyers.

McElhaney covers almost every conceivable subject for the trial lawyer. What I particularly enjoyed is that there are ninety chapters that are easily accessible because they are usually only six or seven pages long. For instance, he has an enlightening chapter on trial practice that every lawyer must read. He covers the following: how to keep the client happy, getting rid of cases you have that have turned out "to be dogs," how to get along with judges, trying to settle cases, and deciding when it is time to leave your firm. In short, this book is filled with superb tips, anecdotes, and many war stories that make the pages turn very quickly.

Editorial Review:

Trial Notebook offers hundreds of techniques and tactics for every stage of a trial's progress in spare, lively, memorable prose. You get strategies grounded in actual courtroom experience that will improve the effectiveness of your advocacy.

Pretrial

Thomas A. Mauet

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Total reviews: 5 Average rating: 4.0 of 5

Editorial Review:

With its precise and succinct methodology, Mauet s text has earned widespread popularity and use, edition after edition.

The Seventh Edition continues to build on the strengths that have made Pretrial a classic:
highly distinguished authorship featuring recognized leading trial expert and renowned legal education author Thomas A. Mauet a clear, concise, and well-organized presentation of pretrial preparation techniques
a systematic approach that organizes pretrial planning and preparation into a series of distinct steps that students can readily master
sample litigation files from a hypothetical case that constitute examples of documentation and paperwork at every stage of the civil case
additional litigation files on an included CD-ROM, with both plaintiff s and defendant's files for six different civil cases
citations to commonly used treatises Featured in the Seventh Edition: the electronic discovery rules changes, which became effective with the 12/1/06 adoption of the amended Federal Rules of Civil Procedure, and their effects on the pretrial process in general and the discovery process in particular the Supreme Court s decision in Bell Atlantic v. Twombly and its effects on how complaints are drafted
the Class Action Fairness Act and how it changes the basis for removing class actions to federal court the most recent statutory changes and cases on the tax consequences of personal injury settlements
additional statutory changes and Supreme Court decisions since 2004 Show your students how to prepare for and conduct civil litigation effectively, with Thomas Mauet s highly regarded Pretrial-now in its Seventh Edition.

The Little Book on Oral Argument

Alan L. Dworsky

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Total reviews: 3 Average rating: 4.5 of 5

Terrific Book on Oral Advocacy 5 out of 5 stars.
7 of 8 people found this review helpful.

In order to prepare for oral argument in an important federal appeal, I ordered numerous books on oral advocacy. This book may be "little," but it was actually the best of the five books that I read. (Second best was "Winning on Appeal" by Judge Ruggero J. Aldisert). It was somewhat surprising that this book was best, because it was the smallest of the lot and, to some degree, is geared toward law students participating in moot court competitions, rather than to practicing lawyers. But this book had the most practical suggestions and I skipped over the parts applicable to moot court competitions (coordinating argument with a partner, etc.) I also liked the fact that this book had practical suggestions about dealing with "stage fright." Some of the other books I read suggested that if you don't feel totally comfortable with public speaking, perhaps you should find someone else to argue your appeal (gee, thanks). This is the book that I read over again the night before oral argument, and its upbeat tone and concrete suggestions really calmed my nerves. I highly recommend this book to any lawyer preparing for oral argument or for any law student participating in moot court.

Lawyers' Poker: 52 Lessons that Lawyers Can Learn from Card Players

Steven Lubet

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Total reviews: 11 Average rating: 4.5 of 5

Editorial Review:

Great poker players are master tacticians. Not only do they calculate odds with lightning speed and astonishing precision, but they also cunningly anticipate and manipulate the actions of their adversaries. In short, they boast skills that every lawyer can envy. This highly entertaining work might best be summed up as "better lawyering through poker." Steven Lubet shows exactly how the tactics of the poker table can be adapted to litigation, negotiation, and virtually every aspect of law practice. In a series of engaging and informative lessons, Lubet describes concepts like "betting for value," "slow playing," and "reverse bluffing," and explains how they can be used by lawyers to win their cases. The best card players, like the best lawyers, have a knack for getting their adversaries to react exactly as they want, and that talent separates the winners from the losers. Lawyers' Poker is an irresistible guide to successful lawyering and an enjoyable read for anyone with an interest in law. No poker knowledge required.

The Trial Lawyers: The Nation's Top Litigators Tell How They Win

Emily Couric

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Total reviews: 4 Average rating: 3.0 of 5

Excellent 5 out of 5 stars.
15 of 30 people found this review helpful.

After reading Emily Couric's hugely interesting book I now realise that a good lawyer is worth his or her weight in gold. The secrets of the top legal eagles are laid bare; an LA attorney candidly admits that "flirting ouragously with the judge by batting eyelashes and wearing short skirts" has served him well in the California courts, while a New York litigator fascinatingly reveals his strategy when he represented the man fired for masturbating in his office and won him $2.1M after a jury found his employers liable for failing to protect him from sexually harrassing himself.

Beautiful Insight 5 out of 5 stars.
7 of 10 people found this review helpful.

As a law student, I found this book extremely helpful. It has briefs about the work of America's finest lawyers in civil, criminal, and tort law. It is truly amazing. "The Nation's Top Litigators Tell How They Win" and surely they do. Legal textbooks are stuffy, inhuman, and relate little to practicing real law. Books like these are what prepare you for practicing law in the real world.

Editorial Review:

For lawyers and lawmen alike, this book introduces ten well-known lawyers who reveal the scholarship, sleuthwork, and aggressiveness that their profession demands.