Trial Advocacy Basics

Surely one of the most intimidating moments in your professional life is standing before a judge and jurors the morning of your very first trial. This is no mock trial: the stakes are high, and your client is counting on you. Are you ready? Trial Advocacy Basics is a courtroom primer that helps both the novice advocate prepare for his first day in court and the practicing lawyer bring her skills in line with the most recent developments in trial advocacy. In the Second Edition of this law school classic, Molly Townes O'Brien and Gary Gildin provide the modern perspectives on both the style and substance of case analysis, case theory, cross-examination, impeachment, closing arguments, and presenting information using technologies. They break down the importance of finding a single factual story of the case, then explain how each aspect of the trial must contribute to that story. O'Brien and Gildin relate practical advice on every stage of trial preparation and practice in a straightforward manner, using memorable examples and anecdotes, colorful quotes, and humor to highlight each lesson.

Basic trial advocacy is the classic text on the presentation of civil and criminal cases in court. Since its publication in 2005 it has been used in countless law school and continuing professional education programs to impart with clarity and simplicity the basic skills of effective trial presentation. It is a useful guide and refresher even for the experienced practitioner when going to court.

"She had everything she needed, didn't she? Three years of law school study, many months of preparation, a new suit, and a briefcase full of files and notes. Had she done enough? Had she forgotten anything? This would be no law school exercise. This time the stakes were real." - excerpt from page 1 of Trial Advocacy Basics.Trial Advocacy Basics, by Dent Gitchel and Molly Townes O'Brien, provides a complete and concise guide to the beginning trial advocate. Practical advice on every stage of trial preparation and practice, from voir dire to verdict, is included. The authors explain trial procedures and techniques in a straightforward manner, using colorful examples, memorable quotes, and humor.

The second edition of these case files include a variety of civil and criminal fact patterns that provide students the opportunity to try their hand at opening statements and closing arguments, as well as at direct and cross-examinations. The case files also provide opportunities for pretrial motion exercises and jury selection exercises. There is a companion text book entitled The Art & Science of Trial Advocacy by the same group of authors. These case files are a manageable length for weekly or bi-weekly assignments. These case files also include online videos demonstrating all stages of trial advocacy and an extensive teacher's manual with illustrations and examples. The following case files are included: United States of America v. William Stevens (criminal case alleging bank robbery); Jeffrey Kent v. Bonds Rentals(civil case alleging failure to warn); State of Golden v. Steven MacNamara (criminal case alleging domestic violence); James Price v. GEM Corporation (civil case alleging unlawful termination); Rusty Maxell v. Terry Chester (civil case alleging breach of contract); State of Golden v. Sunny Grifford (criminal case alleging DUI and hit and run); Sam Spencer v. Teresa More (civil case alleging negligent entrustment); Nicole Gail v. Peter Novak (civil case alleging undue use of force); Cameron Hillman v. Mutual Life Insurance Company (civil case alleging failure to pay insurance proceeds); State of Golden v. Richard Buck (criminal case alleging murder); William Striver and Frances Gomez v. Rancho Fire Department (civil case alleging unfair employment practices); State of Golden v. Jake Chambers (criminal case alleging sexual assault); and Sandra Mountain v. Tyler County Sheriff's Department, et al. (civil case involving wrongful death).

Now in its fourth edition, Modern Trial Advocacy: Canada is the first and last word in Canadian trial practice. This classic handbook, published by the National Institute for Trial Advocacy, gives practitioners a detailed road map for conducting a trial. Expanding on the original text written by Steven Lubet for an American audience, experienced Toronto trial lawyers Cynthia Tape and Julie Rosenthal guide the beginning advocate in developing a winning case theory through all phases of trial. They explain how to present a case as a story – and powerfully and persuasively tell that story to the jury. Modern Trial Advocacy: Canada provides not only Canadian case law and statutes, but also valuable insight into the specific elements of Canadian litigation practice as itpresents a realistic and contemporary approach to learning and developing trial advocacy skills. This book offers a sophisticated, theory-driven approach to advocacy training that distinguishes it from other books in the field. The fourth edition has been updated with current citations to case law, statutes, and rules and the latest “best practices” for using technology in the courtroom.

Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the "art of advocacy" into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into "argument-centered narratives" that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called "atomic spies," 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children's stories such as Humpty Dumpty and Jack & Jill. Also carried forward is the book's light tone which makes it not only useful but also a good read.

Chosen the best book from over 300 entries, Winning at Trial has been singled out by the Association of Continuing Legal Education (ACLEA) for its clarity and innovative teaching methods. Winning at Trial by Shane Read is the only book that teaches trial skills by analyzing video and transcripts of actual trials. It is also the only book that reveals the secrets of jury decision-making through the use of video in collaboration with one of the nation's foremost jury consultants, DecisionQuest. This innovative book is being used by law schools throughout the country for both their introductory and advanced trial advocacy classes, as well as by law firms for their training programs. The author, a seasoned trial lawyer and professor, has carefully selected video and transcripts from actual trials (4 hours of video on two DVDs) that show lawyers demonstrating both great and terrible skills in the courtroom - which teach trial techniques and strategy in an interesting and memorable way.

"Problems in Trial Advocacy, 2023 Edition, is the premier volume for realistic and accessible courtroom simulations. With problems based on real trials, both civil and criminal, this series of vignettes guides the reader through opening statements, direct and cross-examination of lay and expert witnesses, exhibit introduction, witness impeachment, and closing arguments. These hands-on exercises include a variety of electronic exhibits, providing practice for the changing courtroom experience. Problems in Trial Advocacy lets students practice their courtroom skills without memorizing a full case file of facts. The advocacy standard, updated with modern challenges to advocacy skills"--

Two outstanding Texas trial lawyers—one of whom is now an equally respected district judge—have written On the Jury Trial, a “must have” reference for any trial lawyer aspiring to excellence or seeking to maintain it. Thomas M. Melsheimer and Judge Craig Smith have crafted a narrative-driven advice guide for trial lawyers to hone their craft. Chapter topics include voir dire, opening statement, preparing witnesses, cross examination, using exhibits, closing argument, jury research, and more, with excellent examples and “do’s and don’ts” provided throughout. Think of this book as the senior law partner’s memo to associates on how to really try a case. Looking for fly-on-the-wall insight into world-class trial preparation and strategy? Here it is. A behind-the-scenes tour of the inner workings of the judicial process? This book has you covered. Its combination of advice, illustration, and commentary is every bit as valuable as it is unique. Every litigator should have this book on the shelf, no matter the state in which they practice. The jury trial is a critical component of our democratic society, and its use in civil cases is unique to the United States. It is truly an example of our participatory democracy in action, and yet the jury trial is under attack from all sides, most notably from special interest groups who seek to have more cases decided by individual judges or by arbitration. These efforts have resulted in a decline of civil jury trials all over the country. A decline in the jury trial is a decline in justice. To preserve the jury trial, we must preserve the skills of trying a case effectively and efficiently. On the Jury Trial, in no small way, will add significantly to that effort.