Practical Skills Book List: Litigation Skills

In this innovative book you'll learn how to develop and use stage presence, use an actors voice and gestures, develop characters for different audiences, deliver effective speeches, adopt the role of talk-show host for depositions, and more.

Examples and Explanations for Antitrust Law, Third Editionis a relentlessly accessible introduction to a body of law that seems foreign and complex but does not at all have to be. By capturing the bigger picture without sacrificing any detail, introducing antitrust economics in a purely intuitive way appropriate for users at any level of economic sophistication, and extensively explaining the real-world context and institutions of antitrust practice, the book brings the law within reach for students of all backgrounds. New to the Third Edition: Incorporation of all significant judicial and legislative developments since 2011 In-depth new coverage of the "two-sided" or "platform" market theory introduced in the Supreme Court's seminal 2018 decision in Ohio v. American Express Revised coverage of conspiracy, monopolization, and merger law in light of key lower-court decisions, like United States v. AT&T, New York v. T-Mobile, Steves & Sons v. JELD-WEN, Viamedia v. Comcast, SC Innovations v. Uber Technologies, and the Alston NCAA litigation Expanded treatment of advanced antitrust economic theory in a substantially revised Appendix, including a full examination of bargaining theory and other developing models, and their performance before the courts. Professors and students will benefit from: Extensive attention to real-world context Heavy emphasis on accessibility in language and explanation, but backed up with support for economic and legal study by more advanced readers (for example, the Appendix on advanced antitrust economics) A two-step introduction to antitrust economics accessible without any prior background in economics, built on a purely intuitive and non-quantitative introduction supplemented by more formal explanation for more advanced readers

Forty years of trial wisdom from Litigation Magazine were reviewed and analyzed, with articles on cross-examination then selected to comprise a group of essays which collectively covered all aspects of the art.

Renowned cross examination experts Larry Pozner & Roger Dodd have teamed up once again, this time to bring their expertise on cross examination to law students.

Cross Examination in a Nutshell is a new approach to an age-old skill. Focusing on incorporating storytelling and persuasion, it presents techniques for preparing, structuring, and delivering effective cross examinations in every setting. Cross Examination in a Nutshell departs from the old ways, and presents a new thought process for making cross examination as much a part of telling your story as is opening and closing arguments. The techniques for controlling the narrative, the witness, and your opponent are perfect for every advocate, from the law student to the most seasoned practitioner.

This Nutshell, which replaces Binder, Moore and Bergman's Deposition Questioning Strategies and Techniques (2001), provides comprehensive descriptions and concrete illustrations of effective strategies and techniques for taking and defending depositions. The book can serve as a text for a 2-4 unit stand-alone depositions course (either live client or simulated) or as a supplement to a civil pre-trial lawyering course. It devotes separate chapters to such fundamental skills as obtaining helpful answers to critical questions, undercutting harmful testimony, obtaining a deponent's version of significant events, and obtaining information from evasive deponents. Other chapters include topics such as responding to inconsistent or implausible testimony, overcoming opposing counsel's objections and obstructionist tactics, and preparing a client to be deposed.

A comprehensive, practical guide through every stage of the deposition process. It concisely covers the law of depositions and related discovery issues and gives you a clear, thorough understanding of the process and its practical challenges.

In this book, specific strategies are given for direct examination, introduction of exhibits, witness preparation, cross-examination, dealing with expert witnesses, making opening statements and summations, and jury selection.

The First Trial Nutshell is a fresh and unique approach to advocacy instruction. Concentrating on the overall approach to trying a case, it weaves persuasion and procedure to help lawyers and law students prepare for their first trials with confidence. Addressing everything from technology to where to sit and what to say, it meshes the practical advice and how-to instructions with sophisticated persuasive techniques. Small enough to be read in a single sitting, this book will serve as the perfect first primer and a continuing resource for experienced litigators to read again before trial mediation or arbitration.

The purpose of an interview is to uncover the truth; the method of uncovering the truth is the art of the interview. Obtaining sufficient relevant information is imperative in everything a lawyer does to protect the interests of the client, yet interviewing techniques are not emphasized in law school training.Getting the Whole Truth teaches lawyers--from novices meeting their first clients to experienced trial lawyers--effective methods of obtaining information by human interaction. No matter from whom you are seeking information or what your reason for desiring it, these techniques can help you meet and interact with others and effectively gather the facts you need.

How to Try a Murder Case covers the preparation from the very beginning -- even before the crime was committed -- and progresses through the investigation to searches, arrest, and interrogation.

David Pannick presents an entertaining and sometimes shocking account of the conduct of judges and lawyers in court.

Packed with hundreds of full-color graphics, Images with Impact: Design and Use of Winning Trial Visuals is a "must-have" for trial lawyers to help turn trial themes into visual images that juries are more likely to understand, believe, and remember. The book analyzes key visual communication tools such as maps, timelines, graphs and photos, addressing what works and why, and teaches graphic design basics to help presenters improve their own visuals. It also offers strategic tips for high and low-tech presentations, provides advice on spotting misleading visuals, and surveys federal and state law on demonstrative evidence across the country.

Legal Argument: The Structure and Language of Effective Advocacyis a full-featured guide designed primarily for law students in research, writing, analysis, and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

The authors of this book argue that counseling is the heart and soul of lawyering, and that it is an integral part of the legal education.

Follows the entire process from opening negotiations to settlement. Text first introduces negotiation in law practice and representing a client in legal negotiation. Covers the basic types of legal negotiations, case evaluation, and preparation. Also addresses the types of legal disputes that should not be negotiated. Examines negotiating styles, strategies, and tactics as well as the stages of legal negotiation.

Learning to use, and defend against, informal fallacies are the keys to effective argument. This book examines informal fallacies and features a three-page Legal Logic Flow Chart to help identify the appropriate informal fallacy and counter them.

This book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief-writing, and what it takes to succeed in oral argument.

Thistitle provides a comprehensive, yet concise examination of the primaryaspects of mediation practice. In doing so, the book considers the legal,philosophical, policy and practical issues surrounding mediation use. Mattersinclude issues such as levels of participation in mediation, enforceability ofmediated agreements, regulation of practice including ethical issues, and asurvey of the specialized applications of mediation. The extent and limits ofconfidentiality are examined along with consideration of the Uniform MediationAct. Each chapter also contains an extensive bibliography and listing of theleading cases in each subject area.

"From the moment it was released nearly thirty years ago, Modern Trial Advocacy has been the go-to textbook that law professors from coast to coast, offering a sophisticated, theory-driven approach to advocacy training that distinguishes it from all other books in the field. This modern classic was updated by merging it with features of the law school edition, creating an invaluable reference for litigators and trial lawyers at every stage in their career. This all-inclusive edition introduces handy checklists and a chapter on trial basics, as well as new research on juror perception and decision making, cross-examination techniques to use when discovery is limited, and exclusive online materials, including demonstration videos, that will enhance your acquisition of skills. Now that the remote practice of law has become a part of our system of justice, readers will find the skills taught in these pages as applicable to online trial preparation and hearings (and even, perhaps, to the future of trials) as they are in face-to-face litigation. As NITA's bestselling text since 1993, Modern Trial Advocacy remains the gold standard in advocacy treatises"--

This practical book provides a well considered plan for invention protection and management that can be used effectively to avoid expensive, time-consuming, and sometimes company-killing patent infringement litigation.

Providing "how to" strategies for effective persuasion in patent cases, this manual discusses the most important aspects of patent juries to consider when trying cases.

Veteran litigator Janet S. Kole walks you through the steps of drafting a complaint or response and provides helpful tips and strategies to make your pleadings more effective.

A compilation of numerous resources published by members of the ABA Section of Litigation. Hundreds, if not thousands, of articles were reviewed, and the best were chosen, resulting in a book of relevance and worth to new and veteran attorneys.

This updated edition is designed to help lawyers prepare clients for the very formal and unnatural "question-and-answer" environment. Written by ABA bestselling author and seasoned litigator Dan Small, this easy-to-read guide provides a systematic witness preparation process and offers strategies and "Ten Rules" to help make witnesses comfortable and effective in a wide range of witness scenarios.

In Reinventing Witness Preparation, seasoned litigator Kenneth Berman explains the dangers of conventional witness preparation, showing how the common approach to preparing witnesses can foul up a case and hand victory to the other side. This book introduces a new and enlightened approach to witness preparation: that witnesses need to give answers that actually help their cases, and the best time to give the best answer is when the question is first asked.

Instructions and advice on every stage of the mediation, from selecting a mediator to closing the deal. Punnett also liberally peppers his work with “sidebars” – entertaining tips and quips from mediators, lawyers, and law professors alike.

Written for law students, experienced litigators, and everyone in between who needs to understand the most effective ways to convince a jury, and includes extensive sample voir dire questions, opening and closing statements, and fact patterns.

In a world of high-dollar discovery, lengthy motion practice, prohibitively expensive experts, pervasive Daubert practice, detailed pretrial exchanges, and more formal trial rules, it is more difficult than ever for young lawyers to get the courtroom experience they so desperately need to become real trial lawyers. It is this deficit of courtroom experience that created this book.Trial: A Guide from Start to Finish--Perspectives from Opposing Counsel is a collaboration of two trial lawyers who have tried many complex case courtrooms across the country. It takes 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 that concludes long after the jury's verdict. The authors divide the trial process into its fifteen segments, and each author writes from the perspective of either the defendant or the plaintiff, giving a full-rounded look at trial practice itself. Each of the authors' numerous victories (and occasional losses) in the courtroom have brought them valuable experience and taught them lesseon about each aspect of the jury trial process. This book is their effort to share those lessons with other trial lawyers and trial lawyers-to-be.

As a criminal defense trial lawyer, and especially a public defender, your task is enormous. You represent people who are in many ways "unrepresentable." The jury doesn't like them and doesn't understand why you represent them. As such, your clients do not need a lawyer, they need a warrior. More than that, they need someone who believes in them as human beings with value. Failure is not an option.By reading this manual, you have chosen not to fail. By choosing not to fail, you are seeing yourself as a trial lawyer. This is a practical, hands-on trial practice manual that explains in step-by-step detail how to represent a person charged with a crime, from initial receipt of the case and client interview through post-trial. This book will make you a true warrior for your client. By following the methods set forth in this book, you may not always win, but you will never fail.

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. By far the most thorough and detailed of the books in the field, Trial Techniques and Trialsis a comprehensive yet concise handbook that covers all aspects of the trial process and provides excellent examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more. Extensive examples are clustered into three groups: personal injury, commercial, and criminal for ease in finding particular areas of trial practice. Tom Mauet and Steve Easton, renowned for their skills both as writers and trial attorneys, break the trial process down into its critical components for better and quicker comprehension by students and practicing attorneys who have little or no trial experience. New to the Eleventh Edition: Updates regarding recent amendments to the Federal Rules of Evidence Additional emphasis on presenting evidence and argument visually, not just orally, for modern juries Coverage of additional aspects of trial including site visits and foundation battles over emails and other electronic communications Professors and students will benefit from: Integrated discussion of the strategy and psychology of persuasion--particularly regarding jury selection, opening statements, and closing arguments Numerous illustrations from tort cases, criminal cases, and commercial trials Broad and flexible examples that allow readers to focus on either the plaintiff's or the defendant's side of the case--or both Logical organization that follows the chronology of a trial process A companion website with additional examples, a trial notebook, and other tools for trial lawyers Video lectures about critical trial moments Video demonstrations of effective trial advocacy, including a complete jury trial Extensive supplemental materials available on the book's Connected Casebook resource page

The world has changed in the last twenty years, and evidence has changed with it. Gone are the days when exhibits consisted of paper documents, photographs, and tangible items. Instead, we live in the era of instant messages, social site accounts that come and go, and online anonymity in need of piercing. Forgery, fraud, and falsehoods have always been with us, but the tools for committing these acts are now easily obtained and widely used. All this presents a host of new challenges to any attorney attempting to use or combat evidence from these sources. Our courts rely on evidence that is reliable and honest, and our job as lawyers is to find and confirm that reliable, honest evidence. Winning with Social Media is designed to help you do just that. It provides the tools you need to find and capture the online evidence that a party opponent may try to obscure, modify, or even erase from the Internet. With this guidebook at your side, you can do the research and evidence preservation necessary to make your case. New to the Second Edition: Updated with discussions of current tools such as Snapchat, TikTok, and more Updated authority dealing with social media evidence Expanded discussion of Hearsay and social media evidence Checklists for preparing witnesses for trial Checklists for assisting clients with discovery Checklists for authenticating numerous sources of social media evidence Checklist for an Authentication Hold letter Additional checklist for sources of social media not included in the text Professors and students will benefit from: Insightful and practical discussions of social media evidence Aids of mock trial and trial advocacy classes which may incorporate social media evidence An introduction of social media concepts for students and faculty who may not have an understanding of the evidentiary concepts associated with social media