Effective Courtroom Advocacy

by Joseph F. Anderson

Overview

With the benefit of more than twenty-three years of trial observation and juror feedback, Judge Joseph F. Anderson Jr. distills his thoughts on how to master the fundamentals of trial advocacy, develop advanced skills, and win arguments before judges and juries.

Written from the perspective of an experienced trial judge, Effective Courtroom Advocacy provides practical and insightful advice designed to empower new litigators and inspire seasoned advocates. Judge Anderson's conversational style offers a treasury of practical suggestions for conducting every aspect of trial, from dealing with courtroom personnel and handling difficult judges to comprehending troublesome evidentiary rules and avoiding common - but deadly - mistakes in the courtroom. A fireside chat that tackles the most prevalent courtroom issues, Effective Courtroom Advocacy is the go-to manual for litigators everywhere.

Product Details

ISBN-13:	9781632814357
Publisher:	National Institute for Trial Advocacy
Publication date:	01/01/2010
Sold by:	Barnes & Noble
Format:	eBook
File size:	383 KB

Table of Contents

Contents

Foreword

Preface

Acknowledgments

Chapter One. Trial Tactics

Preparation

Trial Notebooks and Checklists

Developing a Theme

Motions in Limine

Sequestration of Witnesses

Courtroom Protocol

Opening Statement

Direct Examination

Introduction of Exhibits

Cross-Examination
Brevity
The Proverbial "One Question Too Many"
Listen to the Answer
Know the Answers to Your Questions in Advance
Don't Quarrel with Witness

Redirect Examination

Objections

Impeachment

Experts

Resting Your Case

Miscellaneous Forensic Devices
Props
Nonverbal Communication
Video Depositions
Terminology

Preparing Proposed Jury Instructions

Dealing with Court Personnel

Composing and Delivering an Effective Summation
Use of Boilerplate
Use of Analogies
Leaving Questions for Your Opponent
Dealing with Credibility
Personalizing the Corporate Defendant
Arguing Damages
Educate the Jury
Empower the Jury
Review the Verdict Form
Do's and Don'ts of Closing Argument: A Quick Checklist

Receiving the Verdict

Chapter Two. What Today's Jurors Really Think

Don't Over-Try the Case

Don't Be Disrespectful to the Judge in Front of the Jury

Don't Attempt to Take Unfair Advantage of Your Opponent

Don't Use Legal Jargon

Don't Underestimate the Jury's Intelligence

Don't Make Unnecessary Interruptions, Especially Sidebar Conferences

Don't Move On Until the Jury Has Fully Viewed Your Documentary Evidence

Don't Be Overly Hostile When Cross-Examining Opposing Witnesses

Don't Use Inappropriate Humor

Other Miscellaneous Juror Insights
Cautionary Instructions Generally Don't Work
Jurors Have Short Attention Spans
Objections Don't Offend Jurors

Chapter Three. How to Handle Judges

The Generalist

The Manager

The Nitpicker
Frequent Requests for Extensions, Postponements, and Continuances
Discovery and Its Abuse

The Human

The Bully

The Weasel

Dealing with Judges Generally
Proposed Orders
Wrapping Up Your Argument
Reconsideration Requests
Getting in the Last Word
Honesty with the Court
After the Hearing

Chapter Four. Common Mistakes to Avoid

The "Not-Ready-for-Prime-Time" Lawyer

Opening Doors

Failing to Properly Preserve Error for Appeal

Inadequate Knowledge of Local Rules, Customs, and Mores

Putting on a Show for the Client

Inability to Change Strategy at Trial as Circumstances Warrant

Putting Interests of Lawyers and Witnesses