One of the classic tomes for bettering appellate practice – the lawyering of briefing and argument – is Judge Ruggero Aldisert’s WINNING ON APPEAL. The 2017 update, by Law Professor Tessa Dysart and Federal Appellate Judge Leslie Southwick, is a largely worthwhile text for both the seasoned appellate practitioner and the lawyer who only occasionally
It seems redundant to say that good lawyers require and apply the tools of logic. After all, lawyering is about argument, and argument is about the design and presentation of a compelling thesis, one that can’t be refuted. Yet, surprisingly, the formal modes of logical thought are not a part of traditional law school curricula;
More cases are won, or set up for a win, in the pre-trial context; and this largely occurs in Motions practice. There are two arts to Motions practice – drafting and the subsequent oral argument. It is for the latter that law students, novice lawyers, and some experienced lawyers should turn to Point Well Made
In a criminal litigation world where trials are few and sentencings are the norm, the art of the mitigation investigation and presentation is key. What is “mitigation?” It is the evidence that contextualizes a client’s behavior and is relevant to the degree of blameworthiness and the severity of consequence; and the art and science are
What could be more useful to a courtroom lawyer than a guide written by a judge, a judge whose intent was to offer “invaluable tips, courtroom strategies and helpful insights into the trial process…?” That is the premise and promise of Judge Curtis Karnow’s LITIGATION IN PRACTICE (12 Tables Press, 2017). The problem is that
It must be daunting to lawyers – at least to those lawyers who care about being proficient in the courtroom – to confront a case in which forensic discipline testimony is being offered. Most lawyers lack scientific training either from their college educations or once they pass the Bar. One of the best ways to
For anyone who wishes to read the circumstances of ten notorious trials of the twentieth century – the Lindbergh baby kidnaping case, the O.J. trial – TRIALS OF THE CENTURY offers good stories and historical context. But for anyone interested in learning from the conduct of the trial – what words were used in an
That there are advocacy basics that increase an advocate’s chance of success cannot be gainsaid. And NITA – the National Institute for Trial Advocacy – deserves great credit for providing them in a concise, reader-friendly form in TRIAL ADVOCACY BASICS (NITA, 2016) by Molly Townes O’Brien and Gary S. Gildin. BASICS is an effective resource,
New from the Practising Law Institute, TRIAL EVIDENCE BROUGHT TO LIFE is an ambitious undertaking, an Evidence Law deskbook for attorneys. The intent is that Rules and their application be brought to life and rendered more comprehensible (and therefore more easily applied) by illustrating them with examples from “famous trials, film and fiction.” Written by
With 17 chapters on specific forensic disciplines, the LAWYER’S GUIDE has substantial value in its description of the analytical steps taken in each. But the book suffers from ‘true believer’ syndrome, i.e. the belief that the discipline can make findings with exactitude and uniqueness, particularly when assessing subjective comparison fields such as bitemark, toolmark [firearms]