Trial and Clinical Practice Skills in a Nutshell

ISBN-10: 0314158847

ISBN-13: 9780314158840

Edition: 4th 2005 (Revised)

List price: $42.00
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Provides expert advice that will help strengthen your trial and practice skills. Problem solving, legal writing and argument, case planning, and closing arguments are covered in this text. Also offers guidance for improving your office skills, interviewing techniques, discovery, negotiation, and counseling skills.
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Book details

List price: $42.00
Edition: 4th
Copyright year: 2005
Publisher: West Academic
Publication date: 7/15/2005
Binding: Paperback
Pages: 452
Size: 4.75" wide x 7.25" long x 0.75" tall
Weight: 0.748
Language: English

Summary of Contents
Skills for All Seasons
Inner Advocacy
Dealing with the Little Voice of Doom
Getting Used to Silence
Teaching Yourself
Discovering Yourself
Planning and Spontaneity
On the Virtues of Writing
Solving Problems
Find the Easiest Problem
Avoid Labels, Tendencies, and Judgment
Brainstorm and Write
The Paradox of Dogma
Telling Stories
Point of View
Opening Lines and Themes
The Power of Language
Details, Not Abstractions
Dealing with Inconvenient Facts
Mistakes, Miscalculations, and Lies
Mistakes in Remembering
Miscalculations in Deciding
Trial Skills
Trials: Strategic Choices
Surprise Endings
Drawing the Sting
Direct Examination: Clarity and Drama
Direct: Credibility
Presenting Believable Witnesses
Presenting Experts
Preparing Witnesses
Focus Groups, and Jury Consultants
Direct in a Nutshell
Mad Dogs and Englishmen: An Introduction to Cross Examination
A Brief Aside: Reality
Role-Differentiated Behavior
Friendly Cross Examination
Pointless Cross: The Novice's First Choice
Getting the Witness to Help Your Case
Limiting the Damage: What the Witness Didn't Say
Hostile Cross
Confronting the Witness With Your Theory
Discrediting the Witness
Discrediting the Story
A Mini Review
Closing Argument: Choices and Mistakes
Choices to Consider
Do No Harm
Closing Argument: Organization and Delivery
Organizational Issues
Delivery: Arguments as Conversations
Closing: An Illustration
Opening Statement
Road Maps and Storytelling
Defendants' Opening Statements
Jury Selection
Who Do You Want?
What to Ask
Post Game
Preparing Your Witnesses
In General
Preparing for Direct
Preparing for Cross
Problem Witnesses
Refreshing Recollection
Evasive Witnesses
Impeaching with Prior Statements
Admissibility v. Weight
The Beginner's Blunder
Objections: When (and When Not) to Make Them
Responding to Objections
Common Objections: Know Them
Asking Questions
Two Keys to Good Questioning
Types of Questions
Questions on Direct
Questions on Cross
Scales to Practice, Grounders to Field, Eggs to Boil
Do a Direct
Do a Cross, Twice-Once Cross
A Trial Checklist, a Review, or Merely a Badly Placed Preview
Appellate Argument
Appellate Argument
Matters of Substance
Matters of Style
Additional Pointers
Clinical Skills
Interviewing Clients
Telling the Client What to Expect
Getting the Story
An Exercise
Putting Problems in Context: Five Easy Questions
End Game: Giving Advice
Special Problems
On Being an Authority
Counseling Clients
Who's in Charge?
Counseling Checklists
When Good Clients Go Bad
On Cure and Care
Planning Investigations
Planning Tips
Visiting the Scene and Taking Photographs
Ethical Matters
Circumstantial Evidence: Koch's Postulates, Angst, and Richard Pryor
Interviewing Witnesses
Friendly and Neutral Witnesses
Hostile Witnesses
An Instructive Transcript, with Irritating Editorial Interruptions
Taking Depositions
Planning the Deposition
Your Goals
Taking the Deposition
Defending Depositions
Gearing Up
Prepare Your Witness
Being There
Back at the Office
Negotiation: Conceptual Block-Busting
Hardball Negotiation versus Problem-Solving
An Aside on Bad Reputations
Taking the Conflict as Given
Negotiation: In the Trenches
Attitude: Student or Samurai?
Initial Positions
The Process
Avoiding Nasty Ploys
Negotiation by Mail
Write the Agreement
Learn from Experience
Negotiating Torts
Case Evaluation
The Curious Impact of Attorney Fees and Litigation Costs
Other Variables
On Philosophers and the Arrogance of the Living
Negotiating Deals
Essential Topics
Preparing to Negotiate a Deal
Negotiating the Deal
Drafting the Agreement
Drafting Contracts of Adhesion
Disputes About Deals
The Emotional Context
The Legal Context
The Negotiation Context
Epilogue: The Issue is Us
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