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