Anatomy of a Trial: A Handbook for Young Lawyers

by Paul Mark Sandler

Overview

Now, updated and revised, this time-tested resource is written for young trial lawyers eager to gain an appreciation of how to handle real problems encountered during jury trials. You'll gain insight into jury trials via two particular cases:
• A criminal case involving highly complex subjects and law campaign finance, national politics, and Hollywood fundraising, and necessitates simplifying and storytelling for the jury.
• A civil case illustrating the reality that most cases hinge on the credibility of witnesses, also showcasing the critical importance of experts in trials of a technical nature.

This second edition also now includes an all-new third case, a non-jury civil trial! This helpful reference is a thorough exploration of trial techniques through the lens of actual cases and is an instructive must for any new trial lawyer.

Product Details

ISBN-13:	9781627224536
Publisher:	American Bar Association
Publication date:	01/07/2015
Edition description:	2nd Edition
Pages:	331
Product dimensions:	6.00(w) x 8.90(h) x 1.20(d)

About the Author

Paul Mark Sandler is a partner in the law firm of Shapiro Sher Guinot & Sandler and is an active trial lawyer representing many notable clients. He resides in Baltimore, Maryland.

Table of Contents

Foreword ix

Introduction xi

Chapter 1 Voir Dire 1

Mock Trials and Focus Groups 5

Voir Dire and the Internet 8

Chapter 2 First Impressions-Opening Statements 11

"Arguing" the Case 12

Opening Statements and the First Five Minutes 15

The Theme as Organizing Principle 22

Ethos, Logos, and Pathos 26

Style and Delivery 35

Immunization 37

Chapter 3 Opening Statement: A View From the Bench 39

Government Opening 39

Narrow Focus 41

The Defense Opening 42

"What This Case Is Really About" 43

Dealing with Difficult Facts 44

Developing a Theme 45

Exploiting an Opening 46

Risky Tactic 47

Conclusion 48

Chapter 4 The Heart of the Trial-Direct Examination 49

Preparing Yourself and the Witnesses 50

The Bounds of Ethics 52

Beware of Leading Questions 53

Make it Memorable 55

Authenticating Exhibits 63

Structuring the Examination 67

Redirect Examination 108

Chapter 5 Direct Examination-A View From the Bench 111

Chapter 6 Deus Ex Machina-The Expert Witness 117

Before Trial-Choose Wisely 118

Essential Rules and Case Law 119

The Expert at Trial 126

Chapter 7 "A Legal Engine for Truth"-Cross-Examination 149

Four Steps to Powerful Cross-Examinations 150

Specific Goals of Cross-Examination 158

The Law of Impeachment 191

Chapter 8 Cross-Examination-A View From the Bench 195

Sandler's Step One: Select Those Topics Most Advantageous to Your Case 196

Step Two: Arrange Your Topics and Points Strategically 197

Step Three: Control the Witness 199

Step Four: Conduct Cross with Delivery and Style Consistent with Your Goals 200

Chapter 9 Tying it All Together-Closing Argument 203

Delivery, Delivery, Delivery 204

General Rules 209

Arrangement 214

Rebuttal Argument 232

Chapter 10 Closing Argument-A View From the Bench 235

Organization-An Opportunity Often Lost 236

Delivery-Be Yourself 240

A Concluding Thought 245

Chapter 11 Preserving and Protecting the Appeal 247

Appendix I The Opening Statements in U.S. V. Rosen 253

Appendix II The Closing Arguments in U.S. v. Rosen 275

Closing Argument by the Government 275

Closing Argument by the Defense 296

Rebuttal Argument by the Government 316

Appendix III Opening Statements in the Maffei Case 321

Opening Statement by the Plaintiff 321

Opening Statement by the Defense 328

Appendix IV Closing Arguments in the Maffei Case 343

Closing Argument by the Plaintiff 343

Closing Argument by the Defense 358

Rebuttal Argument by the Plaintiff 369

Afterword 375

Index 381

About the Author 393