The How-To-Win Trial Manual - 4th Edition
Ralph Adam Fine
Price: $85.00 450 pages. 1 Hardcover Volume. Appendices. Index. Published July 2008.
ISBN-13: 978-1-933833-16-3
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1. The Royal Road and the Art of Persuasion
How this book will help you win your trials, every time!
2. Truth in the Courtroom
Why trials are not “searches for the truth,” and why knowing that will help you win.
3. Jury Consultants
The myth of jury consultancy; why jury consultants are largely irrelevant.
4. You Are the Key to Winning
You, not your witnesses, not your experts, not the law, not the judge, hold the keys to victory.
5. Your Winning Theme
How to plan a theme that will make the jurors want you to win.
6. Building a Winning Theme
How to assemble a theme that will make the jurors want you to win.
7. Tools of Persuasion
How to use primacy, recency, and repetition to win.
8. Opening Arguments
Why opening statements by most lawyers—even the ones with superb reputations—are terrible. This chapter will give you step-by-step tools to win from the get-go.
9. Using Your Bad Facts to Win
How to make the “stumbling blocks” into stepping stones to victory.
10. The Burden of Proof
Why you should never rely on the burden of proof in your opening statement.
11. Don’t Sound Like a Lawyer
Never use the jargon they taught you in law school.
12. Empathy
How to Use Hollywood’s tools to grab your jurors and make them want you to win.
13. An Annotated Version of Dan Petrocelli’s Opening Statement on Behalf of Jeffrey Skilling in the Enron Trial
14. The Opening Statement: An Annotated Demonstration
An analysis of the winning tools in action.
15. The Three Rules of Direct-Examination
Why you should never ask “what happened next?” Never let the witness—whether lay or expert—tell a story or sell. Follow these three rules to argue your case to the jury through the witness.
16. Direct-Examination – Examples
See how you can do a much better job than Johnnie Cochran and other lawyers with sterling reputations. See also how to use the Three Rules of Direct-Examination with expert witnesses so the jury will know the answers before the expert witness responds.
17. Direct-Examination: An Annotated Demonstration
An analysis of the winning tools in action.
18. A Trial Is Not an Evidence Test
Why you should never object in front of the jury to the admission of evidence.
19. The Three Rules of Cross-Examination
Follow these three rules to argue your case to the jury through the witness. Learn how to impeach with killer-effectiveness. Also, an analysis of the tools of effective cross-examination in action.
20. More Tips for Cross-Examination
See how to deal with the difficult or equivocating witness, how to expose the bias of your adversary’s witnesses, and how to inoculate your witnesses against your adversary’s cross-examination. What to do when surprised by an answer (as was the prosecutor in the first trial of investment-banking wizard Frank Quattrone). Also, a look at expert testimony and science.
21. Godix Equipment Export Corp. v. Caterpillar, Inc.
Excerpts from a federal-court anti-trust trial. See how you can do a much much better job than senior litigators from two major law firms: How they did it and how it should have been done.
22. Why Irving Younger Was Wrong
Why five of Younger’s famous Ten Commandments of Cross-Examination are suicidal to effective, winning trial-advocacy.
23. Closing Argument
A look at the real purpose of closing argument and how to do it right. Why Robert Morvillo’s closing argument for Martha Stewart was not effecti
24. Voir Dire
What voir dire can and cannot do for you.
25. The Bench Trial
26. Ignore the Drumbeat of Bad Advice
27. It’s Time to Win! (Why OK is Bad)
What it takes to be a winning trial lawyer, and why you can be one—every time!
Appendix A
Federal Rules of Evidence
A complete copy of the Federal Rules of Evidence for easy reference.
Appendix B
Federal Rules of Evidence
(A Functional Analysis Outline)
An analysis of the Federal Rules of Evidence by their purpose and function, so you can see how they relate with one another.
Appendix C
Evidence and Advocacy—Using the Rules of Evidence to Win
How to use the Federal Rules of Evidence to help you win.
INDEX