Pretrial

Pretrial Advocacy: Planning, Analysis, and Strategy, Fourth Edition, provides an excellent conceptual and practical foundation for pretrial litigation. The Pretrial 4th Edition conveys and provides models for how to think and act as a successful advocate in today’s strategic and technological practice of pretrial litigation.  Checklists at the end of each chapter provide easy reference to skills.  Discovery developments with E-Discovery emphasis are a focal point in the text.  Visuals for Pretrial present the latest in technological innovations. Current Rules of Procedure reflect the practical effect of civil case pleading decisions in Twombly/Iqbal. Case Management, organization, and ethical Considerations based on ABA Model Rules are included throughout the text.

The book includes 79 criminal and civil assignments with discussion questions which are based on one fact pattern for a civil Wrongful Death and criminal Homicide case, Summers v. Hard and State v. Hard.  The Assignments take students through the pretrial process in the context of the criminal and civil cases, both of which arise from a tavern shooting after which the victim dies. The assignments are intended for role play in professional workshops and legal education advocacy classes.

Accompanying the book are a rich assortment of practice materials. These are included on the website.

Supplemental Content

The Pretrial Advocacy 4th Edition Case Files provide factual and legal information for the 79 criminal and civil Assignments located in chapter 15 of the Pretrial Advocacy book.  The Assignments are based on two fictitious cases – State v. Hard and Summers v. Hard.

 

The case files contain documents, such as witness statements, expert reports, deposition excerpts and photographs, scene diagrams and more. Also, the case files contain statutes, court rules, and research memoranda. The research memoranda are a special feature; they are composed of fictional cases from the fictional jurisdiction, the State of Major. The memos provide the research that students or practitioners need to deal with the multitude of legal issues in the Assignments. Of course, an instructor may prefer that students or practitioners instead research and use appropriate cases and statutes from your jurisdiction.

 

To print or download, use your access code on this page:

 

Access for Professors
 
Access for Others

To acquire an access code, you need to have purchased the book. Students, please contact your professor to obtain an access code.

Buy Now
Exemplary Forms for pretrial practice

To print or download, use your access code on this page:

 

Access for Professors
 
Access for Others

 

To acquire an access code, you need to have purchased the book. Students, please contact your professor to obtain an access code.

Buy Now

 

Pretrial Advocacy 4th edition contains five movies that can be streamed on this website.

 

The first movie is Taking and Using a Deposition in the hypothetical Bagshaw Case which is featured in the Pretrial text.  The movie presents skilled attorneys taking a deposition:

  • Beginning a Deposition
  • Adverse Witness Deposition
  • Discovery/Adverse Witness Deposition
  • Ending a Deposition
  • Courtroom Use of a Deposition

The second movie consists of two  Mediation Videos and a slideshow that were presented in successful mediations.

 

The third movie provides a Crime Scene Visit in the fictious cases State v. Hard and Summers v. Hard which are the subjects of the Assignments in the Pretrial text.

 

The fourth movie s a Settlement Mediation Documentary for two cases, which were successfully resolved. It is  provided by Prolumina Presentations.

 

The fifth is a PoweraPoint Slideshow indicating how to construct a simple, persuasive narrative of the State v. Hard and Summers v. Hard cases.

 

To access these movies, use your access code on one of these pages:

 

Access for Professors
 
Access for Others

 

To acquire an access code, you need to have purchased the book. Students, please contact your professor to obtain an access code.

 

Buy Now

The Teacher’s Manual, password protected for Professors, and it contains pointers on ways to plan for and to teach a Pretrial course. The Pretrial 4th Edition manual includes teaching notes for each Assignment.  A sample pretrial syllabus indicates how to organize a pretrial course and a civil and/or criminal final motion project.

 

To print or download, use your access code on this page:

 

Access for Professors

 

To acquire an access code, you need to have purchased the book. Professors only.

 

Buy Now

The Actors’ Guide which is password protected for professors and it contains confidential factual material for role-playing by the students or other persons of the witnesses and attorneys who are the focus of the pretrial Assignments. For example, a student can be assigned to the role of a witness who is to be deposed by another student. The Actors’ Guide contains instructions on how to play the assigned role.


A FEW POINTS CONCERNING THE PRETRIAL ACTORS’ GUIDE

 

The Actors’ Guide is a companion to the criminal and civil cases of State v. Hard and Summers v. Hard  found in the Pretrial Advocacy, 4th Edition.  The Guide consists of materials describing the witnesses and providing confidential instructions for student attorneys.  The Actors’ materials to immerse students in role plays which are realistic in detail, yet crafted to raise specific issues appropriate to the skill, which is being performed.

SUMMARY OF WITNESS INFORMATION FOR TRIAL. The Summary of Witness Information section summarizes what the witnesses will say for each Assignment.

 

GENERAL WITNESS INSTRUCTIONS explain the actor’s general responsibilities when role-playing a witness.

ASSIGNMENT INSTRUCTIONS provide special confidential instructions for the person who will role play a particular Assignment.

CONFIDENTIAL WITNESS INFORMATION (CWI) instructions contain all the information an actor needs to perform a particular role-play.

 

To print or download, use your access code on this page:

 

Access for Professors

 

To acquire an access code, you need to have purchased the book. Students, Professors only.

 

Buy Now

 

To print or download, use your access code on this page:

 

Access for Professors
 
Access for Others

 

To acquire an access code, you need to have purchased the book. Students, please contact your professor to obtain an access code.

 

Buy Now

Table of Contents for Pretrial Advocacy: Planning, Analysis, and Strategy

 Chapter 1.  The Pretrial Advocate’s World

Chapter 2. Formulating the Case Theory

Chapter 3. Developing and Managing the Case

Chapter 4. Forging the Attorney-Client Relationship

Chapter 5. Counseling the Client

Chapter 6. Witness Interviewing

Chapter 7. Strategic Pleading

Chapter 8. Creating a Coordinated Discovery Plan

Chapter 9. Taking and Defending Depositions

Chapter 10. Creating Visuals

Chapter 11. Pretrial Motion Advocacy

Chapter 12. Negotiating the Best Disposition

Chapter 13. Alternative Dispute Resolution Advocacy

Chapter 14. Pretrial Readiness Conferences (in civil and criminal cases)

Chapter 15. The Cases and Assignments

Buy Now


 

Pretrial Advocacy

Planning, Analysis, and Strategy

 Fifth Edition

 Marilyn J. Berger, John B. Mitchell, and Ronald H. Clark
All of Seattle University School of Law

PRETRIAL ADVOCACY: Planning, Analysis, and Strategy, Fifth Edition reflects the way criminal and civil pretrial advocacy is successfully practiced in federal and state litigation. The distinguished author team offers both a conceptual and practical foundation for today’s pretrial advocates. Checklists of skills, techniques, standards and ethics appear in each chapter. 79 assignments are designed for student role-play performances.

 

PRETRIAL ADVOCACY includes:

 

  • Chapters covering all pretrial activities from forging an attorney-client relationship to drafting and arguing pretrial motions
  • Comprehensive text for an introduction to law practice skills course
  • Professional responsibility emphasized throughout the text
  • Case files for civil wrongful death and criminal homicide cases
  • Seventy-nine assignments for student role-play skills performances, such as drafting pleadings and taking a deposition.
  • Checklists of skills, techniques, standard and ethics in each chapter
  • Videos and supplementary material available on this website
  • For Professors and CLE instructors, this pass-word protected website includes a Teacher’s Manual Guide and Actor’s Guide for witnesses

 

Thoroughly updated throughout, the Fifth Edition now includes:  

  • Streaming videos on this website including: how to take and defend a deposition: using a deposition at trial; crime scene visit; computer animations; ADR documentary and more.
  • Supplementary material on this companion website, including: exemplary documents (such as fee agreements, a spoliation letter) and articles on pretrial topics along with case files and performance assignments
  • Cultural competency for working effectively in cross-cultural situations during pretrial preparation and litigation
  • Strategies for working collaboratively and resolving conflicts
  • Demand letters and mediation briefs
  • Revamped and enhanced pleadings chapter, including examples of cutting-edge complaints and answers
  • Rules changes are incorporated into this 5th Edition, including recently amended Federal Rules of Civil Procedure and Federal Rules of Evidence

To print or download ANY of the materials included, use your access code on this page:

Access for Professors
 
Access for Others

To acquire an access code, you need to have purchased the book. Students, please contact your professor to obtain an access code.

Buy Now