Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family
From case analysis and opening statement through closing argument, Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family is a concise and comprehensive treatment of the trial. It incorporates generations of trial advocacy wisdom into the context of juvenile and family court proceedings.

A veteran instructor of the teaching methodology of the National Institute for Trial Advocacy (NITA), Marvin Ventrell walks you through a "how-to method" of each stage of the case, using real-life examples of child welfare cases. These essential lessons extend beyond child welfare proceedings and provide insight and skills applicable to all family and domestic relations cases. Trials, effectively presented, are stories--stories of mothers, fathers, children--stories of the family. Trial Advocacy for the Child Welfare Lawyer teaches you how to present the story of the family from the unique and powerful perspective of each litigant. From nuts and bolts to advanced practice techniques, each trial skill is treated as a mechanism of persuasion for both judge and jury.

This publication reflects Ventrell's three decades of experience as a litigator, teacher, writer, trial skills instructor, trial competition coach, and juvenile and family law policy consultant. It is a unique and important contribution to the art and tradition of American trial advocacy.

Reviews

"Marvin Ventrell has made a profound contribution to the field of child welfare law with this succinct and practical book. It really should be required reading for all lawyers appearing in child welfare court. It is an artful blending of the essentials of trial advocacy with the particulars of child welfare court. This book will empower attorneys to provide improved advocacy for children, parents, and agencies . . . and that, in turn, will lead to better judicial outcomes for our most vulnerable children and their families."

-Jennifer L. Renne, Esq., Director, National Child Welfare Resource Center, American Bar Association Center on Children and the Law, Washington, DC

"Marvin Ventrell always starts his analysis at the right place: children's cases merit the same standards of excellence as do any other cases. In this book, he incorporates the best of traditional trial theory and practice to create a comprehensive "how to" manual for lawyers trying cases involving children and families. This book will benefit all lawyers, from novices to experienced litigators."

-Richard Cozzola, Esq., Supervisory Attorney, Children's Law Project, Legal Assistance Foundation of Metropolitan Chicago, Chicago, Illinois

"Children and families deserve the best that advocates have to offer--and no one knows better than Marvin Ventrell how to teach those advocates how to practice their craft. This book conveys meaningful and practical knowledge on how to effectively represent clients who are often the most vulnerable people in the courtroom. I've had the honor of teaching with Mr. Ventrell for many years; this book sets out on the printed page the knowledge and passion that he conveys in person. It's a masterpiece on the art of child advocacy by a master of the art."

-Hon. Robert McGahey District Court Trial Judge, Denver County, Denver, Colorado
1110951014
Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family
From case analysis and opening statement through closing argument, Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family is a concise and comprehensive treatment of the trial. It incorporates generations of trial advocacy wisdom into the context of juvenile and family court proceedings.

A veteran instructor of the teaching methodology of the National Institute for Trial Advocacy (NITA), Marvin Ventrell walks you through a "how-to method" of each stage of the case, using real-life examples of child welfare cases. These essential lessons extend beyond child welfare proceedings and provide insight and skills applicable to all family and domestic relations cases. Trials, effectively presented, are stories--stories of mothers, fathers, children--stories of the family. Trial Advocacy for the Child Welfare Lawyer teaches you how to present the story of the family from the unique and powerful perspective of each litigant. From nuts and bolts to advanced practice techniques, each trial skill is treated as a mechanism of persuasion for both judge and jury.

This publication reflects Ventrell's three decades of experience as a litigator, teacher, writer, trial skills instructor, trial competition coach, and juvenile and family law policy consultant. It is a unique and important contribution to the art and tradition of American trial advocacy.

Reviews

"Marvin Ventrell has made a profound contribution to the field of child welfare law with this succinct and practical book. It really should be required reading for all lawyers appearing in child welfare court. It is an artful blending of the essentials of trial advocacy with the particulars of child welfare court. This book will empower attorneys to provide improved advocacy for children, parents, and agencies . . . and that, in turn, will lead to better judicial outcomes for our most vulnerable children and their families."

-Jennifer L. Renne, Esq., Director, National Child Welfare Resource Center, American Bar Association Center on Children and the Law, Washington, DC

"Marvin Ventrell always starts his analysis at the right place: children's cases merit the same standards of excellence as do any other cases. In this book, he incorporates the best of traditional trial theory and practice to create a comprehensive "how to" manual for lawyers trying cases involving children and families. This book will benefit all lawyers, from novices to experienced litigators."

-Richard Cozzola, Esq., Supervisory Attorney, Children's Law Project, Legal Assistance Foundation of Metropolitan Chicago, Chicago, Illinois

"Children and families deserve the best that advocates have to offer--and no one knows better than Marvin Ventrell how to teach those advocates how to practice their craft. This book conveys meaningful and practical knowledge on how to effectively represent clients who are often the most vulnerable people in the courtroom. I've had the honor of teaching with Mr. Ventrell for many years; this book sets out on the printed page the knowledge and passion that he conveys in person. It's a masterpiece on the art of child advocacy by a master of the art."

-Hon. Robert McGahey District Court Trial Judge, Denver County, Denver, Colorado
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Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family

Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family

by Marvin Ventrell
Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family

Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family

by Marvin Ventrell

eBook

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Overview

From case analysis and opening statement through closing argument, Trial Advocacy for the Child Welfare Lawyer: Telling the Story of the Family is a concise and comprehensive treatment of the trial. It incorporates generations of trial advocacy wisdom into the context of juvenile and family court proceedings.

A veteran instructor of the teaching methodology of the National Institute for Trial Advocacy (NITA), Marvin Ventrell walks you through a "how-to method" of each stage of the case, using real-life examples of child welfare cases. These essential lessons extend beyond child welfare proceedings and provide insight and skills applicable to all family and domestic relations cases. Trials, effectively presented, are stories--stories of mothers, fathers, children--stories of the family. Trial Advocacy for the Child Welfare Lawyer teaches you how to present the story of the family from the unique and powerful perspective of each litigant. From nuts and bolts to advanced practice techniques, each trial skill is treated as a mechanism of persuasion for both judge and jury.

This publication reflects Ventrell's three decades of experience as a litigator, teacher, writer, trial skills instructor, trial competition coach, and juvenile and family law policy consultant. It is a unique and important contribution to the art and tradition of American trial advocacy.

Reviews

"Marvin Ventrell has made a profound contribution to the field of child welfare law with this succinct and practical book. It really should be required reading for all lawyers appearing in child welfare court. It is an artful blending of the essentials of trial advocacy with the particulars of child welfare court. This book will empower attorneys to provide improved advocacy for children, parents, and agencies . . . and that, in turn, will lead to better judicial outcomes for our most vulnerable children and their families."

-Jennifer L. Renne, Esq., Director, National Child Welfare Resource Center, American Bar Association Center on Children and the Law, Washington, DC

"Marvin Ventrell always starts his analysis at the right place: children's cases merit the same standards of excellence as do any other cases. In this book, he incorporates the best of traditional trial theory and practice to create a comprehensive "how to" manual for lawyers trying cases involving children and families. This book will benefit all lawyers, from novices to experienced litigators."

-Richard Cozzola, Esq., Supervisory Attorney, Children's Law Project, Legal Assistance Foundation of Metropolitan Chicago, Chicago, Illinois

"Children and families deserve the best that advocates have to offer--and no one knows better than Marvin Ventrell how to teach those advocates how to practice their craft. This book conveys meaningful and practical knowledge on how to effectively represent clients who are often the most vulnerable people in the courtroom. I've had the honor of teaching with Mr. Ventrell for many years; this book sets out on the printed page the knowledge and passion that he conveys in person. It's a masterpiece on the art of child advocacy by a master of the art."

-Hon. Robert McGahey District Court Trial Judge, Denver County, Denver, Colorado

Product Details

ISBN-13: 9781632813954
Publisher: National Institute for Trial Advocacy
Publication date: 01/01/2011
Sold by: Barnes & Noble
Format: eBook
File size: 304 KB

Table of Contents

CONTENTS

Foreword by Michael J. Dale

Preface: The Art of Trial Advocacy

Acknowledgments

Chapter One. Case Analysis: Telling the Story of the Family

The Story of the Family
Storytelling and Bench Trials
The Legal Framework of a Child Welfare Case
Case Theory, Theme, and Story Devices
Case Analysis Tools
Getting Started

Chapter Two. Direct Examination: The Words of the Story

The Rule of Sensory Perception of Facts
Case Analysis
Focus on the Witness
Witness Preparation
The Rule and Reason Against Leading Questions
Questioning Techniques
Organization
Sequencing within the Topic
Engage: Stop, Look, and Listen
Visual Aids
Defensive Direct
Primacy and Recency: Start Strong, End Strong
Check Your Work
Redirect Examination

Chapter Three. Closing Argument: Story of the Case + Law = Verdict

Preparation
Closing Argument Principles
Closing Argument Organization

Chapter Four. Cross-Examination: Minimizing and Marginalizing Witness Impact

Scope
Strategy
Topic Selection
Technique
Form
The Answer/Impeachment Chart
Recross-Examination

Chapter Five. Expert Witness Examination: Moving from Perception to Belief

The Law of Expert Witness Examination
Expert Witness Direct Examination
Expert Cross-Examination

Chapter Six. Difficult Witnesses: Managing the Challenge

Good Questions Get Good Answers
Techniques for Cross-Examination Witness Control
The Adverse Witness
The Hostile Witness
Impeachment
Refreshing Recollection
Recorded Recollection
Special Witnesses

Chapter Seven. Exhibits and Their Foundations: "Picture This!"

Categories of Exhibits and Their Use
Foundation
Pretrial Admission of Exhibits
Introducing Exhibits at Trial
Selected Child Welfare Exhibit Foundations

Chapter Eight. Making and Meeting Objections: Enforcing the Rules of the Trial

Two Categories of Objections
The Purpose of Objecting
The Objection Process Protocol
Conditional Offer
Offer of Proof
Witness Voir Dire
Eight Essential Objections as to Form
Substantive Objections
Eleven Essential Trial Objections as to Substance
Opening Statement and Closing Argument Objections
Avoid Drawing Objections

Chapter Nine. Opening Statement: Imprinting the Story

Preparation Opening Statement Principles
Suggested Opening Statement Organization

Chapter Ten. Ethics and Professionalism: Integrity in the Courtroom

Selected Child Welfare Courtr
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