Chosen the best book from over 300 entries, Winning at Trial has been singled out by the Association of Continuing Legal Education (ACLEA) for its clarity and innovative teaching methods. Winning at Trial by Shane Read is the only book that teaches trial skills by analyzing video and transcripts of actual trials. It is also the only book that reveals the secrets of jury decision-making through the use of video in collaboration with one of the nation's foremost jury consultants, DecisionQuest.
This innovative book is being used by law schools throughout the country for both their introductory and advanced trial advocacy classes, as well as by law firms for their training programs. The author, a seasoned trial lawyer and professor, has carefully selected video and transcripts from actual trials (4 hours of video on two DVDs) that show lawyers demonstrating both great and terrible skills in the courtroom - which teach trial techniques and strategy in an interesting and memorable way.
Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com.
Reviews
"A fresh and updated approach to trial advocacy. With almost four hours of video of focus groups and specific trial clips, the DVDs are worth their weight in gold. Shane Read has spent countless hours analyzing actual trials to bring the best teaching examples to your fingertips. If you are looking for the best advocacy book, this is it. Winning at Trial is a comprehensive guide to trying a case, from start to finish, voir dire to closing argument, including exhibits and objections. . . . This book should be on the shelves of every student, lawyer and teacher of advocacy. Whether you are trying your first case or your 100th, you must read this book."
-Tracy Walters McCormack, Director of Advocacy, University of Texas School of Law
"Shane Read takes the mystery out of learning trial skills in this unique book, sure to revolutionize the way trial skills are taught. . . . In Winning at Trial, readers study actual trials where techniques are either executed at such a high level of excellence or so badly demonstrated that those skills needed to master winning techniques will never be forgotten."
-Eric H. Holder, Jr., former U.S. Deputy Attorney General
"Shane Read has written an excellent book that will be most helpful to the bench and bar for many years to come. I wish he had produced this gem 50 years ago so I could have used it when I was a trial lawyer. It would have also made easier my job as a trial judge if the attorneys had the benefit of Winning at Trial when preparing their cases. Shane draws upon his unique experiences as a civil trial lawyer, prosecutor and law professor to set forth in an original and practical way the skills needed to win in the courtroom."
-Robert F. Chapman, former U.S. District Judge, retired U.S. Circuit Judge
"An important and timely addition to the trial literature. Winning at Trial is both an enormously instructive text for law students and an invaluable resource for the experienced trial lawyer. Shane Read has skillfully bridged the gap between theory, trial strategy, and the development of fundamental courtroom skills. Through detailed explanations and well-chosen examples from high profile cases, Winning at Trial explains in detail how to do it and why it works."
-Douglas A. Blaze, Associate Dean for Academic Affairs and former Director of Clinical Programs, University of Tennessee College of Law
"Winning at Trial is a must read for all trial lawyers. It is the most comprehensive compilation of trial strategy that I have read in many, many years. . . . I strongly recommend to any lawyer who wants to learn how to try a lawsuit or to improve and enhance his or her skills, this is a book you should read."
-George Chandler, former president of the Texas Trial Lawyer Association
- >> TABLE OF CONTENTS
CONTENTS
Preface
Acknowledgments
Chapter One Trial Strategies and Basics
Six Factors Influencing the Outcome of a Trial
Eight Qualities of Great Trial Lawyers
Bench versus Jury Trials
The Trial Process
The Trial Notebook
Study Questions for Focus Group Video Clips from Scruggs v. Snyder
Chapter Two Voir Dire
Strategies for Voir Dire
The Basics of Federal Court Voir Dire
Challenges for Cause and Preemptory Strikes
Prohibitions
Jury Questionnaires and Consultants
Voir Dire in a Criminal Trial
Voir Dire in a Civil Trial
Answers to Voir Dire Problems
Study Questions for Voir Dire Video Clip of Scruggs v. Snyder
Chapter Three Opening Statement
The Underrated Importance of the Opening Statement
The Basics
The Ten Steps of Preparing a Powerful Opening Statement
How to Deliver an Opening Statement
Seven Steps to Overcoming Courtroom Fears
The Six Don'ts of Opening Statements
Examples of Themes
Analysis of Prosecution's Opening Statement in U.S. v. McVeigh
Analysis of Defendant's Opening Statement in U.S. v. McVeigh
Study Questions for Opening Statement Video Clips from People v. Simpson
Chapter Four Direct Examination
Strategies
Techniques
Organization and Style of Direct Examination
How to Prepare Direct Examination
Difficult Problems on Direct Examination
Redirect Examination
Common Mistakes on Direct Examination
Expert Witness
Analysis of Direct Examination (Joseph Hartzler) from U.S. v. McVeigh
Study Questions for Direct Examination Video Clips from People v. Simpson
Chapter Five Cross-Examination
Three Myths about Cross-Examination
The Basics of CLIPS
Creating an Outline
How to Ask Questions
Impeachment with Prior Inconsistent Statements or Omissions
Logical Reasoning and Progression of Questions
Control of the Hostile Witness
Expert Witness
Analysis of Cross-Examination from Goldman v. Simpson
Study Questions for Cross-Examination Video Clips from People v. Simpson
Chapter Six Closing Argument
The Overrated Importance of Closing Argument
The Basics
Eight Steps to a Successful Closing Argument
The Three Don'ts of Closing Argument
Rebuttal Argument
Analysis of Closing Arguments in People v. Simpson and Goldman v. Simpson
Study Questions for Closing Argument Video Clips from People v. Simpson
Chapter Seven Exhibits and Objections
Three Types of Exhibits
Majority of Exhibits Easily Admitted
Laying the Foundation
The Six Steps for Getting Exhibits Admitted
The Right Witness
Bench Memos
Examples of Admitting Real and Illustrative Exhibits
Persuasive Aids
Examples of Persuasive Aids
Objections to Exhibits and Testimony
Chapter Eight Conclusion
Appendix One: Background for People v. Simpson
Appendix Two: Background for U.S. v. McVeigh
Appendix Three: DVD Menus
Appendix Four: Sample Newspaper Ad and Focus Group Questionnaire
Appendix Five: Federal Rules of Evidence
Index
About the Author
November 9, 2010
- >> AUTHOR
- Shane Read
- Shane Read is a graduate of Yale University and the University of Texas School of Law. He began his legal career in 1989 at Akin Gump in Dallas, Texas, before joining the U.S. Attorney's Office in Washington, D.C. from 1992-1998. Since 1998, he has worked at the U.S. Attorney's Office in Dallas. He has been lead counsel on countless civil and criminal trials over the past eighteen years. In addition, he has served as lead counsel for numerous oral arguments before appellate courts. Read is currently an adjunct professor at Southern Methodist University Dedman School of Law. Here he has taught trial advocacy, coached mock trial teams, and currently is teaching a unique seminar on trial strategies. He also taught both new and experienced lawyers at NITA's seminars on trial skills and at the Department of Justice's National Advocacy Center.