Trial Advocacy: Print and Electronic Resources

Also available as a West Electronic Study Aid.

Also available as a West Electronic Study Aid.

Trial Advocacy in a Nutshell was one of the first works to analyze and illustrate discrete courtroom skills and techniques in the context of principles of persuasion. The expanded and updated Sixth Edition incorporates a number of features that make the book more indispensable for trial lawyers than ever. Part 1 provides a concrete and detailed guide for developing “argument-centered narratives,” which are credible stories that support advocates’ desired inferences. Part 1 concludes with an important new chapter that explains the role of argument-centered narratives in the context of arbitrations, mediations and settlement negotiations. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument, with a separate chapter analyzing effective examination strategies for expert witnesses.

A short, funny, insightful, and occasionally philosophical guide to what you’ll need to know, planning and conducting trials, interviewing and counseling clients, negotiating cases and drafting deals, writing briefs and making oral arguments, solving problems and telling stories and using your computer to make you a better lawyer. And some good poems and bad jokes.

The First Trial Nutshell is a fresh and unique approach to advocacy instruction. Concentrating on the overall approach to trying a case, it weaves persuasion and procedure to help lawyers and law students prepare for their first trials with confidence. Addressing everything from technology to where to sit and what to say it meshes the practical advice and “how to” instructions with sophisticated persuasive techniques. Small enough to be read in a single sitting, this book will serve as the perfect first primer and a continuing resource for experienced litigators to read again before trial mediation or arbitration.

The seventh edition of Pretrial Litigation in a Nutshell addresses both the law governing pretrial litigation and the legal skills required for successful practice in this area. The text is fully updated to incorporate all amendments to the Federal Rule of Civil Procedure through December 1, 2019, as well as recent federal statutes and judicial decisions. Although the text’s focus is on federal statutes and rules, the pretrial litigation skills discussed are essential to successful pretrial litigation in both state and federal courts. The text coverage proceeds in the same order as does most pretrial litigation, starting with client interviewing and the establishment of the attorney-client relationship, then considering pretrial planning and investigation, the complaint and responses to the complaint, disclosure and discovery, pretrial motion practice (including summary judgment motions), pretrial conferences and orders, and settlement.

In clear and engaging prose that makes concepts accessible without oversimplification, this Treatise explains the Federal Rules, selected state variations, major cases, essential doctrines, and important underlying policies. Frequent practical examples drawn from courtroom practice introduce students to courtroom procedure, provide a context in which evidence problems arise, and acquaint them with the language of the courtroom. This volume can serve as background for beginning students and as a one-stop refresher for those taking advanced courses. Professors can assign various sections to track the syllabus or simply recommend this book as useful background reading.