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Effective Courtroom Advocacy

Effective Courtroom Advocacy

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.


Availability: In Stock
Publisher :NITA
Format: Perfect Bound , BOOK

ISBN: 9781601561244

2010
 
$45.00
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    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.

    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 Ahead of Jurors' Interests

    Technology Overkill

    Inadequate Familiarity with the Applicable Rules of Evidence

    Chapter Five. A Survey of the Most Misunderstood and Misapplied Evidence Rules

    The Proper Making of Objections

    Problematic Evidence Rules
    Character and Habit
    Exceptions to the Bar on Character Evidence
    Habit
    Character of Witnesses
    Refreshing Recollection vs. Past Recollection Recorded
    Hearsay Generally
    Admissions by a Party Opponent
    Business Records
    Impeachment
    Prejudice, Confusion, and Waste of Time
    Best Evidence Rule
    Summaries
    Miscellaneous Evidence Concerns

    Chapter Six. A Tangled Web: A Mock Trial Script and Case Study on the Federal Rules of Evidence

    Chapter Seven. Examples of Good Advocacy

    Opening Statement

    Cross-Examination

    Closing Argument

    Index

     

    Joseph F. Anderson, Jr.


    Joseph F. Anderson, Jr. has been a United States District Judge for more than two decades. He has tried cases involving the crash of a major commercial airliner, securities fraud class actions, murder-for-hire, and the first federal death penalty case in South Carolina. Judge Anderson is a frequent speaker and lecturer at numerous colleges, law symposia, and CLE Programs. In addition, he has been a participant at Harvard Law School's trial advocacy workshop. Currently, Judge Anderson teaches evidence law at the University of South Carolina School of Law, where he was voted "Best Classroom Teacher in 2008" by the student-body. Judge Anderson is listed in the publication The Leading Judges of America.

     

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