Trying Cases: Promise, Prove, Persuadeis a book for lawyers who want to understand the dynamic relationship between a lawyer and all the other people involved in a trial. Trial lawyers must do many things during a trial, and they must do them verywell. Trial practice is more complex than other types of legal service because it happens like a live broadcast, in the moment. Clients exercise their right to trial when other methods of dispute resolution have failed. Lawyers prepare for trial when no other option will work. Preparation is essential, but there is never a true blueprint for a trial. Each trial is unique. Once the jurors are seated and the story begins to unfold, there is no time to proofread or do over. Trial lawyers must hear and see the case as the jurors see it. They must listen carefully. They must make decisions quickly. They must know how to present and challenge witnesses with skill. They must know how to edit a case based on admissibility and protect the record for a potential appeal. They must know how to capture the compelling aspects of the evidence in their opening statements and closing arguments. Most importantly, trial lawyers must know how to promisein a credible, realistic sense, how to proveskillfully, and how to persuadejurors that the client should prevail.
Storytelling - what it is, why it matters, how to do it - is not a metaphor for legal advocacy. It is legal advocacy itself, and it is not limited to jury trials or court appearances: It relates to every aspect of a lawyer's work.
The practice of law is the business of persuasion, and storytelling is the most effective means of persuading. A credible lawyer capable of telling a well-reasoned story that moves the listener will always beat the lawyer who cannot. But just recognizing the centrality of storytelling to the legal profession is not enough. Lawyers should also study the basic structure and elements that apply to stories, how they work and why, as well as the principles that have guided great storytellers for thousands of years.
Part prescriptive teaching, part memoir, always entertaining and never lecture, Lawyers, Liars, and the Art of Storytelling provides storytelling lessons gleaned from years of trial practice and television writing, wrapped in--what else?--great stories.
The State of NITA has charged Arthur Jackson and his assistant, Sonia Peterson, with commercial arson. Prosecutors allege that the two conspired with George Avery to burn down the Flinders Aluminum Fabrication factory.
The original trial resulted in a hung jury, after which Sonia Peterson pled guilty to conspiracy to commit a felony and agreed to testify against Arthur Jackson. Jackson maintains his innocence. Avery cannot testify because he died in the fire.
There are four witnesses for both the State and the defense. Videos of the fire, deposition statements, and a PowerPoint presentation are available as free downloads.
A companion civil case file, Flinders v. Mismo, involves Jackson suing to recover from the company that insured the plant.
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An inattentive moment costs a woman her life--the question is, which party wasn't paying attention?
Charles Shrackle's truck struck and killed Katherine Potter as she crossed the street in Nita City. In the wrongful death action brought by her estate, the plaintiff claims Shrackle failed to yield to Katherine as she crossed in the crosswalk. Shrackle claims that Mrs. Potter stepped out in front of his truck from the median, well away from the crosswalk. Conflicting eyewitnesses support both versions of the accident.
This classic file is ideal for teaching basic trial skills. It has been updated to include social media exhibits and text messages, but the basic questions remain. Was Katherine Potter crossing in a crosswalk? Was the accident caused by the use of a cell phone? Was Jeffrey Potter involved in an affair when his wife died? There are six witnesses for the plaintiff and four witnesses for the defendants.
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How many times do you see a great case take a hit because your clients and witnesses don't hold up well in their depositions?
Maybe they're afraid to adhere to their well-founded beliefs (resulting in answers like, Well, I guess that is just my speculation. Sound painfully familiar?). Maybe the process overwhelms them. (Lawyers, reporters, observers, oh my ) Maybe they don't realize opposing lawyers aren't really there just to find out what happened, aren't neutral, and play word games that tie your deponents in knots?
As world-class deposition expert Jim Garrity says, Depositions are the new trial. Why? Civil trials are rare. Fewer than five percent go to trial. So the outcome - through dismissal, summary judgment or settlement - will depend on deposition testimony. That's the only place most witnesses will ever testify. So thorough, proper deposition prep (invincibility training or bulletproofing, as Garrity calls it) is critical to success. With invincible witnesses, the strength of your claims or defenses will rise sharply.
This field guide, the only book of its kind, is excerpted and adapted from Garrity's 490-page, 2019 masterwork on deposition practice, 10,000 Depositions Later: The Premier Litigation Guide for Superior Deposition Practice (also available on Amazon).
This litigation pretrial practice guide to advanced deponent preparation is an excellent resource for litigators who must win their case in depositions.
There are few books on the market written by truly high-powered trial lawyers. Garrity has one of the heaviest (and provable) civil trial practices in the US, in both federal and state courts. He has now taken in excess of 20,000 depositions - the equivalent of 25 careers or more for the average litigator. While some lawyers write books on other lawyers' cases, Garrity's guides are based on his own super-volume practice. It's first-hand, in-the-trenches expertise for shockingly low cost. He's fought every conceivable adversary, from the federal and state governments, to Wall Street's top law firms, to public-interest organizations, down to solo practitioners. They all use different tactics when taking depositions. This guide will teach you how to train your deponents to be ready for anything.
Here's a sampling of the invaluable tips you'll learn in this guide: An introduction to witness invincibility. Matching the prep to the battle. Explaining reality versus TV & movies. Explaining the roles of opposing lawyers. Explaining how depositions are used against witnesses. Explaining how judges use deposition transcripts. Explaining how to express views with high-impact phrasing. How to explain that simply telling the truth isn't enough. Explaining depositions versus social conversations. Explaining the role of preliminary instructions. Explaining why guessing is so harmful. Explaining how to address present memory failure. Explaining how lawyers pressure deponents to change answers. Explaining how and why lawyers subtly rephrase answers. Explaining why lawyers interrupt & how to combat it. Explaining risks associated with documents presented. Explaining why a fast pace is harmful and how to control it. Explaining how to deal with very personal questions. Explaining why regular breaks are crucial. Helping Deponents deal with anxiety. Practicing for Unfair Tactics. How Lawyers Exhaust Witness Endurance. Dealing with suggestions the witness is a liar. Dealing with questions based on false facts. Dealing with examiner facial gestures and noises. Dealing with lawyers who repeat You're under oath. Dealing with lawyers who physically encroach. Dealing with sarcastic and disrespectful lawyers. Dealing with repetitious questions. Dealing with legal-contention questions. Using pattern jury instructions to prep deponents. How to best conduct mock cross-examination
Experts occupy a unique position in the litigation process. The law and the courts give them automatic authority and credibility at the outset. But the greatest challenge for experts as they navigate the court process is to preserve that high level of credibility going forward. In The Expert Expert, author Douglas L. Field presents detailed information to help an expert professional become an effective witness-and keep intact one's reputation as a capable and credible expert witness.
Geared toward physicians, architects, accountants, engineers, and many other professionals, The Expert Expert contains a comprehensive discussion of all aspects of professional expert witness practice-from the history of experts in court to current practices. It discusses how to
- understand the anatomy of a tort case;
- write a good expert report;
- contend with contention;
- deal with the opposing attorneys' questions;
- give a good deposition;
- succeed at trails;
- avoid common pitfalls;
- ensure getting selected;
- deal effectively with social media; and
- handle financial and money issues.
Including helpful and meaningful illustrations, The Expert Expert offers everything that either the veteran or aspiring expert needs to attain and maintain success as a professional expert witness.
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