Model Witness Examinations

Author: Paul Mark Sandler,James Kenway Archibald

Publisher: American Bar Association

ISBN: 9781604429107

Category: Law

Page: 297

View: 6666

In this handbook, 70 model examinations show you how to deal effectively with practical evidentiary issues that every trial lawyer faces. The authors—experienced, highly skilled litigators—give you trial-proven, sequences of questions that translate the Rules of Evidence into examinations that will correctly prove facts—and are easily molded to your specific case. Each model starts with a description of a fact situation and is followed by the examination in Q & A format.
Posted in Law

Preparing Witnesses

A Practical Guide for Lawyers and Their Clients

Author: Daniel I. Small

Publisher: American Bar Association

ISBN: 9781590313794

Category: Law

Page: 183

View: 7851

This new book has been expanded with over 10 new chapters including The Party Witness, The Expert Witness, The Physician as Witness and the Criminal Defendant.
Posted in Law

The Woman Advocate

Author: Abbe F. Fletman

Publisher: American Bar Association

ISBN: 9781604427233

Category: Law

Page: 295

View: 1503

The Woman Advocate is by women advocates for woman advocates. It contains first-hand accounts by successful women lawyers of their experiences at all stages of career development. In the four parts of the book- Where We Are; How We Got There; What Our Environment Is Like; and Where We're Going-the contributors provide reflections, advice, guidance, and, of course, war stories in lively, entertaining and insightful prose.
Posted in Law

A Counsel's Guide to Examining and Preparing Witnesses in International Arbitration

Author: Ragnar Harbst

Publisher: Kluwer Law International

ISBN: 9789041166111

Category: Arbitration (International law)

Page: 258

View: 4353

"Drawing on the principles of the art of advocacy in the common law tradition, this persuasive and highly engaging book sets out, in great detail, the practical techniques applicable to the use of witnesses in arbitration. The book will be particularly useful for arbitration practitioners who have had little exposure to the adversarial approach to evidence and who wish to learn the ropes of lawyer-led witness examination and preparation."--Provided by publisher.
Posted in Arbitration (International law)

Discovery Problems and Their Solutions

Author: Paul W. Grimm,Charles S. Fax,Paul Mark Sandler

Publisher: American Bar Association

ISBN: 9781604426021

Category: Law

Page: 583

View: 5212

This updated and expanded edition describes the problems that litigators encounter most frequently in pretrial discovery and presents suggestions and strategies for solving these problems. Following a discussion on the scope and types of discovery, discovery problems are presented as hypotheticals followed by a discussion that includes the law and helpful practice tips. Particular emphasis has been placed on the interpretation of the new rules, and evolving case law, concerning discovery of electronically stored information.
Posted in Law

The Winning Argument

Author: Ronald J. Waicukauski,Paul Mark Sandler,JoAnne A. Epps

Publisher: American Bar Association

ISBN: 9781570739385

Category: Business & Economics

Page: 182

View: 9442

Examines twelve characteristics of a winning argument and presents the rudiments and sophisticated levels of persuasion based upon ancient and modern techniques.
Posted in Business & Economics

The Art of Cross-examination

With the Cross-examinations of Important Witnesses in Some Celebrated Cases

Author: Francis Lewis Wellman

Publisher: Library of Alexandria

ISBN: 1465550356

Category: Cross-examination

Page: 476

View: 2713

Posted in Cross-examination

Deposing & Examining Employment Witnesses

Author: Tod F. Schleier

Publisher: LexisNexis

ISBN: 1945421177

Category: Law

Page: N.A

View: 3538

Strategies, arguments, tips, examples, and more for questioning plaintiffs, supervisors, human resource managers, economists, statisticians, mental health experts, and vocational experts.
Posted in Law

Mastering the Art of Depositions

Author: Sawnie A. McEntire

Publisher: N.A

ISBN: 9781634255516

Category:

Page: 230

View: 7292

The goal of every trial lawyer is to make every deposition come alive, making it interesting and compelling for the jury. Mastering the Art of Depositions uses a hands-on approach with real-life examples that explain how to achieve successful results.
Posted in

Annotated Model code of judicial conduct

Author: American Bar Association

Publisher: Center for Professional Responsibility ABA

ISBN: N.A

Category: Law

Page: 507

View: 6603

Posted in Law

Litigation News

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Actions and defenses

Page: N.A

View: 5477

Posted in Actions and defenses

Effective Direct and Cross Examination

Author: William A. Brockett,John W. Keker,Herbert Gross

Publisher: N.A

ISBN: N.A

Category: Cross-examination

Page: 375

View: 9594

Posted in Cross-examination

GPsolo

Author: N.A

Publisher: N.A

ISBN: N.A

Category: Law

Page: N.A

View: 707

Posted in Law

Maccarthy on Cross-examination

Author: Terence MacCarthy

Publisher: American Bar Association

ISBN: 9781590318867

Category: Law

Page: 221

View: 4858

Learn how to look good on cross, even when the witness is not cooperating. Learn how to manage and effectively minimize the witness's involvement, without appearing controlling, extracting, and insulting. Filled with illustrative cross examinations from actual cases, this book is your key to employing these proven techniques in your own practice. Using the three themes that run through out the book--looking good, telling a story, and using short statements--you can take control of your cross examinations and achieve the results you desire.
Posted in Law

Cross-Examination: Science and Techniques

Author: Larry Pozner,Roger J. Dodd

Publisher: LexisNexis

ISBN: 1632843927

Category: Law

Page: N.A

View: 2242

Cross-Examination: Science and Techniques, Third Edition is an extensive revision and reorganization of Pozner and Dodd’s classic work, written to meet the needs of today’s trial attorneys. Pozner and Dodd’s signature techniques and methodologies, which have brought them acclaim as the nation’s leading experts on cross-examination, are illustrated with numerous new examples added specifically for the Third Edition. The authors provide their best-ever coverage of the “chapter method” of cross-examination with additional excerpts to illustrate various trial scenarios. New content also includes Chapter 6 on Cross Preparation Systems: Sourcing the Facts, giving you the tools to immediately inform a witness, and the court, what electronic or paper document you are using and exactly where in the document is the material upon which you are questioning. As always, the authors, who have lectured on cross-examination to thousands of attorneys worldwide, guide you to successful trial outcomes with a conversational, engaging, and easy-to-read writing style. Inside you'll find valuable advice on how to: Use opponents’ objections as the springboard for deeper and broader cross-examinations. Sequence cross-examination to teach the theory of the case in the best way, and to literally expand the rules of admissibility Use “loops” (the practice of incorporating and repeating key phrases and terms in successive questions to the witness) to rename witnesses and exhibits. Use “double loops” to discredit opposing expert witnesses. Use voir dire to create great jurors Use a fact-driven investigation to develop a winning theory Use a witness’s own words to follow your theme and theory Control the runaway witness Communicate winning theories in opening, cross, and closing Use loops to box in the witness Use tactical sequencing to create the most powerful cross Convert a witness’s silence into admission of fact Induce the witness to voice your pre-selected words Prepare for devastating impeachment Close off any escape routes for the witness Punish the evasive or “I don’t know” witness Control the crying witness Use timing, posture, inflection, diction, wording, eye contact, and other effects to emphasize a witness’s concession Effective cross-examination is a science with established guidelines, identifiable techniques, and definable methods. Attorneys can learn how to control the outcome with careful preparation, calculated strategy, effective skills, and a disciplined demeanor. Pozner and Dodd’s treatise remains the definitive guide to preparing killer cross-examinations, only from LexisNexis.
Posted in Law

Theatre of Witness

Finding the Medicine in Stories of Suffering, Transformation and Peace

Author: Teya Sepinuck

Publisher: Jessica Kingsley Publishers

ISBN: 1849053820

Category: Psychology

Page: 239

View: 4824

Exploring diverse human experiences in the US, Poland and Northern Ireland, this book is of interest to practitioners and students of applied theatre, peace and conflict studies, professionals working in conflict resolution, counselors, psychotherapists, professionals in the field of criminal and restorative justice, and spiritual seekers.
Posted in Psychology

New York Trial Notebook

Author: Edward L. Birnbaum,Carl T. Grasso,Ariel E. Belen

Publisher: LexisNexis

ISBN: 1945421665

Category: Law

Page: N.A

View: 9314

New York Trial Answer Book Techniques, law, and forms for trial preparation and presentation. The latest edition of New York Trial Notebook adds hundreds of new case citations, dozens of new tips, and many new and substantially revised sections. Turn to New York Trial Notebook for clear, concise explanations, practice tips, and recent case-based illustrations covering everything from preparing the case for trial through post trial motions. Lawyers no longer have as many opportunities to polish their trial skills. Small cases rarely reach courtrooms, and specialists and public defenders now handle the criminal cases that used to keep civil lawyers trial-ready. However, the procedures and cases governing New York courtrooms -- and the techniques that work in them -- must still be learned and remembered. Here is the solution. Courtroom veterans Ed Birnbaum, Carl Grasso, and Justice Ariel Belen have blended their hard-won trial lessons with the law and rules governing New York trials in New York Trial Notebook. This practical work is heavily-supported with 2,000 cases containing parenthetical descriptions and pinpoint citations, more than 80 forms in print and via Digital Access, and dozens of practice tips. New York Trial Notebook delivers: Expert witness disclosure • Boundaries of the treating-physician exemption from disclosure. §5:04 • Good practice on requests for expert witness disclosure. §5:22 • How much disclosure is sufficient. §5:41 • When preclusion is the appropriate remedy for late disclosure, §5:50, and when it is not. §5:51 • Tactics for admission and preclusion, with forms. §5:51 Eve-of-trial preparation • Case law for common motions in limine. §13.06 • Responsive tactics. §13:23 • Plaintiff's proven case themes for liability, §14:20, and damage. §14:21 • Same for the defense. §§14:32 and 33 • Themes effective in commercial litigation. §14:40 • What to put in your trial notebook. §14:51 Expert witness testimony • When cumulative expert testimony is permissible. §15:81 • Rules and cases on expert opinion evidence. §15:90 • Frye hearings during trial, with forms. §15:131 • Adequate and inadequate bases for expert opinions. §15:141 • For medical opinions. §15:163 • Is a complete factual predicate necessary? §26:53 Jury selection • Objecting to questions omitted in judicial voir dire. §20.13 • Tactfully excusing jurors. §20.18 • Procedures and tactics in White's and Struck methods. §20:31 • How to conduct a skillful voir dire. §20:50 • Pattern language for responding to negative comments about lawyers, size of awards, and the like. §20:56 • Model commitment questions. §20.100 • Batson-challenge cases and procedure. §20:141 Trial tips • Argument tips from the bench. §19:03 • An easy way to obtain daily feedback during trial. §19:40 • Handling forgetful witnesses. §23:20 • Helping plaintiffs make a good impression. §24:20 • A fallback question format to avoid leading-question objections. §24:60 Cross examination of lay witnesses • How to attack credibility when you must also bring out new evidence. §25.11 • Questions for attacking the foundation for testimony. §25.20 • Techniques for impeachment. §25:30 • Scope of use of inconsistent statements. §25:32 • Pattern questions for showing bias without overstepping. §25:52 • Fair subjects for cross, §25:62, gray areas, §25:63, and matters not allowed. §25:64 • The art of effective cross-examination. §25:90 et seq. And much, much more. You'll receive detailed answers to the questions that frequently arise in the home stretch before trial, and that arise in the courtroom – qualification and cross-examination of experts, making and meeting objections, persuasive openings and closings, pretrial motions and motions during trial, jury selection and instruction.
Posted in Law