Trial Advocacy and Strategy
To help facilitate access to the State Law Library's print legal resources, our librarians have selected the most noteworthy titles in our collection and arranged them here by subject.
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» Texas Titles
Fundamentals of Texas trial practice : Civil and criminal
By Barton, Robert R. Juris Pub. Fourth edition. Latest received: 2016 Pocket parts.
"Fundamentals of Texas Trial Practice is a trial advocacy book designed for Texas practitioners. It discusses the fundamental techniques and methodologies of effectively preparing and presenting a case in accordance with the Texas Rules of Evidence and Texas civil and criminal procedure." - from the publisher
KFT 8915 B3
Texas civil trial guide
Latest received: Release 34 , June 2023. M. Bender. 1989-.
"With this single source reference designed specifically for civil practitioners, you will increase your effectiveness and productivity. Comprehensive, authoritative, and up-to-date, Texas Civil Trial Guide will help you admit the evidence you need, exclude your opponent's evidence, and avoid critical mistakes." - from the publisher
Note: This item is also available electronically.
KFT 8915 T4
» Federal/General Titles
The 12 secrets of persuasive argument
By Waicukauski, Ronald J. American Bar Association. c2009.
The authors note that lawyers are "professional arguers". While thinking like a lawyer is well covered in law school, arguing like a lawyer requires training and practice. The author admits that most of his 12 secrets have been out for quite awhile. While Aristotle's Rhetoric is still the most important exposition on the art of persuasion, this text adds a modern scholar's take on the art of persuasion in the legal setting.
KF 8915 W35
Acting skills for lawyers
By Mathis, Laura. American Bar Association. c2011.
Laura Mathis, a professional actor with over a decade of stage experience, aims to introduce legal professionals to techniques used in the entertainment industry that can help hone one's presentation skills. She argues that "litigators are story tellers" and that because "public speaking skills are acting skills," attorneys should apply the techniques used by entertainment professionals. This title covers how to develop a stage presence, how to know your audience, how to best use and develop your voice, how to improvise, and how best to tell a story -- all while focusing on how these skills apply in legal settings such as a court room or at a deposition.
KF 8915 M374
Advocacy, the art of pleading a cause
Latest received: 2017 Supplement. By Givens, Richard A. Shepard's/McGraw-Hill. Third edition. c1992.
"Presenting your position in its most positive light is the essence of effective advocacy. Learn effective trial techniques, alternatives for influencing legislation, nuances of administrative law, effective negotiation, and when to quit while you're ahead. Refer to this text to learn more about nonverbal communication and its prerequisites; preparing witnesses; cross-examining truthful witnesses and lying witnesses; sabotaging cross-examination; selection, manner, and type of arguments; appellate advocacy; compliance strategies; advocacy from inside or outside an organization; and legislative tactics." - from the publisher
KF 8915 G55
Anatomy of a trial : A handbook for young lawyers
By Sandler, Paul Mark. ABA American Bar Association, Section of Litigation. Second edition. .
Many young lawyers beginning their careers have an excellent grasp of litigation theory but lack the real-world experience of actual trials. This volume from Paul Mark Sandler looks at each stage of two real trials (one criminal, one civil) and gives advice and strategies for success. Learning points are presented at the end of each chapter to distill the text into the main ideas to remember at each stage of a trial. Appendices contain the text of the opening statements and closing arguments from the cases examined.
KF 8915 S24
Art of advocacy. Opening statement
Latest received: Release 29, June 2011. By Decof, Leonard. M. Bender. 1982-.
"Shows you how to predispose a jury in favor of your client, present a clear and concise outline of the facts of your case, alert the jury to your theory of liability, and explain the elements of damages you are seeking." - Google Books
KF 8915 D43
Art of advocacy. Preparation of the case
Latest received: Release 30, April 2012. By Baum, David B. M. Bender. 1981-.
"A planning guide that takes you from the moment the potential client steps into your office, through all aspects of case preparation, to the moment you step before the judge as an advocate." - Google Books
KF 8915 B37
Art of advocacy. Cross examination of non-medical experts
Latest received: Release 29, March 2011. By Habush, Robert L. M. Bender. 1981-.
KF 8920 H32
Art of advocacy. Jury selection
Latest received: Release 30, Jan. 2011. By Wagner, Ward. M. Bender. 1981-.
In the introduction, the author points out that the stated goal of a "fair impartial jury" is generally the last thing a trial lawyer really wants. The first job of voir dire is to allow each side to eliminate the clearly hostile jurors. The next goal is to learn as much about the potential pool in order to make the best selection. A third goal is to begin the process of educating the jurors about the case and establishing credibility with this group who will be deciding the case.
KF 8979 W33
Art of advocacy. Direct examination
Latest received: Release 29, Feb. 2011. By Baldwin, Scott. M. Bender. 1981-.
"Learn how to undermine an expert's testimony, use a witness to prove your case,and how to control a hostile witness." - from the publisher
KF 8915 B35
Art of advocacy. Summation
Latest received: Release 30, Nov. 2011. By Smith, Lawrence J. M. Bender. 1978-.
KF 8915 S58
The articulate advocate : New techniques of persuasion for trial lawyers
By Johnson, Brian K. Crown King Books. c2009.
"Unlike other trial advocacy books that teach what to say and do in the courtroom, this reference teaches how to say and do it. Based on 25 years of experience from coaching practitioners, this handbook reveals techniques—incorporating cutting-edge discoveries in linguistics, neuroscience, and sports psychology—to help litigators look, sound, and feel natural and polished in the courtroom. Questions that lawyers face daily, such as What do I do with my hands? Aren’t gestures distracting? How do I remember everything? and I tend to talk so fast—how can I slow down? are among the questions addressed in this handbook." - from the publisher
KF 8915 J64
Building your best argument
By Kuhne, Cecil C. American Bar Association, General Practice, Solo & Small Firm Division. c2010.
While there is no shortage of legal writing and rhetoric treatises available, this one takes a slightly different approach. The author lists twelve elements that he feels are essential to a well-constructed argument, explains the basics, and then provides several examples of the concept being expertly applied to create a clear and convincing argument. For those who learn best by example, the author also includes two arguments in their entirety that he believes are exemplary of the concepts described in the book.
KF 8915 K795
Common sense rules of advocacy for lawyers
By Evans, Keith. TheCapitol.Net. [Rev. ed.]. c2004.
"A practical guide for anyone who wants to be a better advocate. Tips and rules that will make anyone - lawyer or lobbyist, account executive or negotiator - a better advocate in less than 10 minutes a day." - from the publisher
KF 8915 E95
How brain science can make you a better lawyer
By Sousa, David A. American Bar Association. c2009.
Although this title from David A. Sousa is framed as a scientific book, it is at heart a guide to communicating effectively. Sousa first explains the basic science of the brain and then provides concrete examples of how to use this information to maximize the effectiveness of your practice. The third chapter contains 19 brain science-derived tips for communicating, such as using your client's existing knowledge to build new facts, timing presentations to account for blood sugar levels in the brain, and limiting presentations to time increments that can most efficiently be processed by the brain. This is recommended for speakers who wish to examine their communication strategies and how best they might impart information to their audiences.
KF 300 S68
The how-to-win trial manual : Winning trial-advocacy in a nutshell : including a "test yourself" practice session (with the answers)
By Fine, Ralph Adam. Juris. Fifth edition. c2011.
"Ralph Adam Fine’s The How-To-Win Trial Manual shows you how to win by using your most powerful tool: The jury’s belief that you, the lawyer, know the 'truth' of the case. The How-To-Win Trial Manual also shows you how to ask questions on both direct-examination and cross-examination in such a way so the jury will know the answers before the witnesses (whether layman or expert) respond. Simply put, if you phrase your questions so that the jury answers them the way you want before your witnesses answer and irrespective of what your adversary’s witnesses may say on cross-examination, you will win." - from the publisher
KF 8915 F56
Law on display : The digital transformation of legal persuasion and judgment
By Feigenson, Neal. New York University Press. c2009.
This title is part of the Ex Machina: Law, Technology, and Society Series by New York University Press. It is not a "how to" book, but rather an examination of the impact digital technologies are having in the legal field. Digital images and multimedia "story telling" are outshining finely crafted wording. The book discusses how visual images can reach jurors in a ways standard witness testimony cannot. The legal community needs to be aware and responsive to this new way of presenting a case and its affect on the justice system.
KF 8902 E42 F44
Litigation logic : A practical guide to effective argument
By Bosanac, Paul. American Bar Association. c2009.
Bosanac presents concrete (and true) examples of flawed logic used in legal argument. He notes that “informal fallacies” are powerful tools to sway opinion. They are so commonly used in legal argument that it is very difficult to constantly listen critically in order to identify and object to a fallacious statement. This book provides an interesting flow chart to assist in hearing the fallacies in your opposition’s argument and in crafting your argument to be free of flawed logic. He includes a chapter on the legal ethics issues s of argument. Even if you are not interested in the logics discussion, the critique he provides of statements made in legal settings is very enlightening.
KF 8915 B577
The litigation manual. Jury trials
Section of Litigation, American Bar Association. c2008.
"The Litigation Manual has been valued as much for its refreshing style as its practical, how-to approach. This edition of The Litigation Manual library focuses on jury trials. The book includes the most useful articles from Litigation journal, taking you through the steps of a jury trial. For those who do not try any jury cases the information will be enlightening. In reading them you will better understand the processes by which cases are tried, decisions made and justice arrived at in American courts." - from the publisher
KF 8972 L58
Maccarthy on cross-examination
By MacCarthy, Terence. American Bar Association. c2007.
Terence MacCarthy is well known for his CLE lectures on cross-examination skills. In his experience, cross-examination is the most challenging area for trial lawyers. Lawyers adept at crafting strong, persuasive opening and closing arguments, often find themselves losing ground during cross-examinations. Using actual cases the author seeks to demonstrate techniques the lawyer can use to manage the witness during cross-examination without appearing "controlling, extracting or insulting." The three key strategies to employ are to "look good, tell a story, and use short statements."
KF 8920 M33
Making your case : The art of persuading judges
By Scalia, Antonin. Thomson/West. c2008.
"This book presents every important idea about judicial persuasion in a fresh, entertaining way. It is a guide for novice and experienced litigators alike. It 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, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument." - from the publisher
KF 8870 S28
Modern trial advocacy : Analysis and practice
By Lubet, Steven. National Institute for Trial Advocacy. Fifth edition. 2015.
"Modern Trial Advocacy presents 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." - from the publisher
KF 8915 L82
Nine principles of litigation and life
By Tigar, Michael E. American Bar Association, Section of Litigation. c2009.
From the author’s preface, “The great trial lawyers of this and all other times have defined themselves as seekers for justice. I therefore believe that if you seek out principles about how, why, and for whom to seek justice, that voyage will lead you to discover how to live your life.” The book examines nine life and work principles: courage, rapport, skepticism, observation, preparation, structure, candor, empowerment and presentation.
KF 8915 T547
Opening statements 2d : Winning in the beginning by winning the beginning
By Gianna, Dominic J. Thomson/West. c2004-.
"Opening Statements: Winning in the Beginning by Winning the Beginning teaches you what a trial is really about. Written by leaders in teaching persuasion science and the art of advocacy, it equips you to take control from the start by turning today's multigenerational jury your way, right away. Covering the art of story creation and theme building, the book teaches everything you need to "jury think" and create an opening statement that persuades a jury to choose your case early in the trial. The work explains the concepts of predecisional and evidentiary bias, provides critical dos and don'ts, and illustrates the way to deliver jury-oriented openings. Numerous illustrations elaborate on the principles provided." - from the publisher
KF 8923 G53
Trial advocacy in a nutshell
By Bergman, Paul. Thomson/West. Fourth edition. c2006.
KF 8915 B47
Trial and clinical skills in a nutshell
By Hegland, Kenney F. Thomson West. Fourth edition. c2005.
"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." - from the publisher
KF 8915 H43
The trial lawyer : What it takes to win
By Berg, David. American Bar Association. c2006.
From the author: "I want to motivate all trial lawyers, especially younger ones, to become more willing and able to try cases. While The Trial Lawyer teaches you how to improve your trial skills, it is meant to be more than just a 'how-to' manual. I have attempted to pass on what I have learned about winning, whether by a decisive verdict or an excellent settlement. I also wrote this book out of the fear that the great war stories of the next generation of trial lawyers will begin, 'And then, I looked that mediator in the eyes and I said....'"
Table of contents: http://www.loc.gov/catdir/toc/ecip0615/2006019741.html
DVD KF 8915 B4
By Saltzburg, Stephen A. American Bar Association, Criminal Justice Section. Third edition. , ♭2012.
For many years Stephen Saltzburg has authored a column on trial tactics in the ABA Criminal Justice Magazine. This book is an updated compilation of his analyses, tips and cautions for defense counsel, prosecutors and judges. Saltzburg draws on actual witness examinations to illustrate his discussions. While generally written for criminal trials, he notes that many of the articles are equally applicable to civil trials.
KF 8915 S299
By Mauet, Thomas A. Wolters Kluwer Law & Business/Aspen Publishers. Seventh edition. c2007.
"Considered an indispensable guide by those learning the law and those in practice. Trial Techniques is a comprehensive yet compact handbook that covers all aspects of the trial process. Thomas A. Mauet delivers practical advice and illuminating examples of the courtroom skills needed to present evidence and arguments persuasively." - from the publisher
KF 8915 M38
The trial war room handbook : Effective strategies from the trenches
By Ritter, G. Christopher. American Bar Association, Tort Trial & Insurance Practice Section. c2012.
If you are planning for trial or other "adversarial event" this handbook provides guidance on how to get organized to win your case. The authors, experts in and proponents of war rooms start with an explanation of the concept and why you might want to have a war room. They continue to answer the logistical questions of who should be involved, where to site the room and how to set up and manage it. This volume provides an organizational template to follow so you can be free to concentrate on the substantive legal argument and trial strategy.
KF 8915 R58
Trying cases to win : In one volume
By Stern, Herbert Jay. ABA Publishing, American Bar Association. .
"This book is an indispensable resource for everyone who tries cases-whether civil or criminal - and for anyone who wants to learn the art of the trial lawyer. It sets forth a strategic method for any trial, and provides the techniques to deliver that strategy throughout every phase of the trial: openings, directs and cross, experts, and summations." - from the publisher
KF 8915 S737
What judges want : A former judge's guide to success in court
By Stanton, James M. American Lawyer Media. 2016.
Written by a former Texas judge who draws from personal experience, this field guide contains tips, strategies, and checklists on how to effectively prepare for trial and communicate with a judge.
KF 8915 Z9 S717
The winning oral argument : Enduring principles with supporting comments from the literature
By Garner, Bryan A. Thomson/West. Second edition. c2009.
Garner has completed an exhaustive survey of the literature on oral argument. His goal "was to codify the principles and illustrate time with the wisest, pithiest formulations in support of the principles." Garner uses quotes from the best sources to illustrate each principle he asserts. The reader can take the quotes as the definitive word on the subject or do further research himself using the extensive bibliography that is included in the book.
KF 8870 G37
You will be a credible witness at trial! : The 3 steps and 10 c's for clients and lay witnesses testifying at trial
By Spaeth, Jan Mills. American Bar Association. c2008.
Talks is about the dos and don'ts of trial testimony.
DVD KF 9672 S63
The young litigator : Tips on rainmaking, writing and trial practice
American Bar Association. c2011.
The transition from law school to working as a lawyer can be daunting. Putting the knowledge acquired in law school into practical application requires help from many sources. The American Bar Association’s Litigation Section and the Young Lawyers Leadership Program have compiled a collection of the ” best of the best” articles chosen by young lawyers to help the beginning lawyer. The articles are grouped into the practical aspects of starting a legal practice, the critical writing skills and preparation of a case for litigation and appearance in court. The articles will also provide seasoned professionals a fresh perspective and new ideas for their practice.
KF 297 Y678