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NEW EDITION OF CROSS-EXAMINATION HANDBOOK

The Second Edition of Cross-Examination Handbook: Persuasion, Strategies, and Techniques has just been published by Wolters Kluwer. This new edition continues its straightforward step-by-step instruction combined with examples from illustrious trials including the Zimmerman trial. The new edition adds, among other topics, visual cross-examination, social media impeachment and the interplay of discovery and cross. Also, [...]

TRIAL LAWYER CHECKLISTS

A Simple Idea for Success For as far back as I can recall, checklists have played an important part in pretrial and trial work. Now, bestselling author Dr. Atul Gawande (pictured here) has established that a checklist is the best tool for dealing with the complexities. In Dr. Gawande’s book The Checklist Manifesto: How To [...]

GOOD TRIAL ADVOCACY CAN BE TAUGHT

Tigar and Twain on Good LawyeringMichael E. Tigar in the preface to his book Examining Witnesses (ABA Litigation Bookshelf 1972) expresses the view that good lawyering can be taught, and he supports the thesis with this Mark Twain story:“I believe that good lawyering can be taught. . . . Mark Twain tells the story of [...]

WINNING AT MOOT COURT

Handbook for Moot Court SuccessAn excellent handbook on how to win in moot court has been written by Judge Gerald Lebovits and his co-authors. Judge Lebovits knows his subject. As a law student, he won the moot court award for both best speaker and best brief. As a coach, his moot court teams have won [...]

NEW SET OF PRETRIAL AND TRIAL BOOKS AND DVDs LAUNCHED

Litigation Bundle with a 50% Price Savings – Call 1-800-294-6777Wolters Kluwer (Aspen) has just launched the sale of a litigation bundle of materials at a price that can’t be beat. The suite of books and DVDs covers pretrial litigation and trial from START to FINISH. The BooksThe litigation package includes four books: Pretrial Advocacy, Trial [...]

WINNING CLOSING ARGUMENT – HOW TO CONCLUDE

The Call to ArmsPrior posts – one on closing argument strategies and another on analogies - have recommended modeling closing arguments after Vincent Bugliosi’s closing argument templates found in his book Outrage, which provides sample closings that he would have given if he had prosecuted O. J. Simpson. Another Bugliosi book, Helter Skelter, also provides [...]

SUCCESSFUL CLOSING ARGUMENT STRATEGIES

More of Vincent Bugliosi’s Best – The Unanswerable-Questions StrategyAs was previously discussed here, a winning closing argument is often the product of learning from hard working, skilled trial lawyers. In the book Outrage: The Five Reasons Why O. J. Simpson Got Away with Murder, Vincent Bugliosi, who successfully prosecuted Charles Manson (chronicled in his book [...]

THE WINNING CLOSING ARGUMENT

Best of Vincent BugliosiA winning closing argument is often the product of learning from the best of the best trial lawyers, whether it is a how-to technique for delivery or some content for closing. A valuable resource, particularly for prosecutors, is Vincent Bugliosi’s book about the O. J. Simpson case, entitled Outrage: The Five Reasons [...]

CONSULTING WITH COUNSEL DURING A DEPOSITION

“We Need a Break”David Boies, representing the government in the Microsoft antitrust case, famously annihilated Bill Gates when he took Gates’ deposition. Scenes from the deposition can be viewed on YouTube. In his book Courting Justice, Boies commented on remedial action that he would have taken if he had represented Gates: “It was an understatement [...]

CHANNELING IN CLOSING ARGUMENT

North Carolina ChannelingJOHN EDWARDS CHANNELSGerry Spence is credited with introducing the concept of channeling into closing argument – speaking in the first person as though the lawyer is the injured or deceased person. In his book Four Trials, John Edwards describes how when he was not more than a North Carolina trial lawyer he channeled [...]