Table of Contents
Acknowledgments xi
Foreword Linda Kenney Baden Michael Baden xv
I Lawyers Are Made, Not Born: The Art of Lawyering and Client Development 1
Follow the Yellow Brick Road: Five Essentials for the Young Lawyer 3
First Thing We Do, Let's Kill All the Lawyers: Improving Public Perception of the Law 11
Back to School: Continuing Education for Every Lawyer in the Firm 19
Paving the Road to Your Door: Quality Service Is the Key to Continued Business 27
The Billing Game: You Can't Win If You Don't Play: Keeping Fee Terms Clear 31
Convincing Clients You're Worth It: Achieving Client Loyalty 37
"Thank You for Calling": Managing the First Contact with the Lawyer 43
II Coming to Terms: Lawyer as Negotiator and Mediator 49
"Can I Have a Raise?": Negotiation: The Psychological Process 51
Controlling the Talk: One Tough Job: Information Control in Negotiation 57
Reach Below the Surface to Find What Drives Someone: The Two Levels of Communication 63
You Gotta Have Style: Competitive v. Cooperative Negotiators 69
Gonna Sit Right Down and Write Myself a Letter: The Pros and Cons of Negotiating by Phone or Letter 75
Tricks of the Trade: Popular Negotiation Tactics 81
It Ain't Over 'til the Fat Lady Sings: Drafting the Final Negotiation Agreement 89
Mediate before You Litigate: The Importance of Alternative Dispute Resolution 95
Arbitrate like You Litigate: Suggestions for an Effective Arbitration 101
III Discovering Reality: A Look at Depositions 107
Memories Can Improve with Age: Gathering Accurate Recollections 109
Writing the Story for Trial: Taking Effective Depositions 115
If They're "Usual," Why Don't I Know What They Are?: The Usual Stipulations of Depositions 121
Becoming an Expert on Experts: Taking Effective Expert Witness Depositions 127
Lights, Camera, Action!: Taking Effective Video Testimony 133
IV Stepping Inside the Jurors' Minds: Meaningful Juror Selection 139
Taking the Pulse of the Community...Part of the Homework: The Role of Community Attitude Surveys 141
Adding Certainty to an Uncertain World: Developing Case Strategy with Focus Groups 147
It's Not What You Are but How You Live: The Role of Demographics in Jury Selection 155
Once Upon a Time...: Storytelling at Trial 161
Reality Is Just a Myth: How Jurors Process Information 167
The Magic of the Mirror: Building Nonverbal Rapport with Jurors 173
From Wall of Sound to Jailhouse Rocks: Reframing Reality: A Look Back at People v. Philip Spector 181
Life Is Like...: The Power of Metaphors in Voir Dire, Opening, and Closing the Case 189
V The Lawyer's Domain: Constructing Reality at Trial 195
And Your Point Is?: Taking Control of the Case in the Opening Statement 197
The Noise in My Head Is Deafening: Opening Statement: Getting Past the Barriers inside Jurors' Minds 203
A Lie of Mythical Proportions: Concentrate on the Unstated in Opening Statements 209
"Anchors" Aweigh - Helping Jurors Make the Right Connections: Anchors as a Tool of Persuasion 217
Isn't It True?: Unnerving the Witness during Direct and Cross 223
Sleight of Mouth: Breaking Connections: A Speaker's True Meaning Is Often Hidden 229
We'll Just See about That...: Direct Examination Creates Reality, Cross Tests It 235
Cross My Heart...: Mastering the Art of Cross-Examination 243
Expert-tease: Expertly Turning the Tables on Experts 249
Taking the Last Word...: Closing Argument: Confirming Reality 255
VI Beyond the Halls of Justice: Lawyer as Public Figure 261
A Fear Worse Than Death!: Public Speaking: The Number One Human Fear 263
And Your Point Is? (Again): Establishing Purpose in Public Presentations 269
I'm the Press... Trust Me!: Handling Trial Publicity and Reporters 275
About the Author 281
