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Trial Advocacy: the Art of Storytelling by Jared Hatcliffe Pdf
"A trial is a story-the story of your client's truth, and there is an art to storytelling. To succeed, your story must mesmerize, entertain, and persuade the jury throughout every phase of trial. This book is a direct, to-the-point guide to successfully master that art, tell that story, and try your case in New York State court. It is written in a conversational tone and deliberately brief to avoid the boredom that causes many students to throw books aside and jurors to lose attention during your case. Instead of telling you what to do, it contains detailed examples that illustrate how to implement the recommended techniques. It contains specific methods used by the most successful New York civil and criminal attorneys to win their cases and explores the right way to conduct each stage of the trial as well as discussing expert testimony, evidence, and the law of trial advocacy in New York, which will help you win your case and tell your story"--
Storytelling for Lawyers by Megan Elizabeth Roth Pdf
Storytelling for Lawyers is a comprehensive guide that unveils the transformative power of creative writing techniques in the practice of law. Written specifically for legal professionals and law students interested in becoming courtroom advocates, this book explores how creative writing principles can be harnessed to effectively prepare for trial, sway jurors, and advocate for clients. From crafting compelling case themes to utilizing vivid metaphors, symbolism, and the rule of three, this book equips lawyers with practical tools to captivate and persuade audiences in the courtroom. Packed with actionable strategies, real-world examples, and expert insights, Storytelling for Lawyers is an essential resource for those seeking to elevate their legal advocacy and master the art of storytelling to win cases and shape outcomes.
Lawyers, Liars, and the Art of Storytelling by Jonathan Shapiro (Lawyer) Pdf
"Storytelling, what it is, why it matters, how to do it, is not a metaphor for legal advocacy. It is legal advocacy itself, and it is not limited to jury trials or court appearances: It relates to every aspect of a lawyers work. The practice of law is the business of persuasion, and storytelling is the most effective means of persuading. A credible lawyer icapable of telling a well-reasoned story that moves the listener will always beat the lawyer who cannot. But just recognizing the centrality of storytelling to the legal profession is not enough. Lawyers should also study the basic structure and elements that apply to stories, how they work and why, as well as the principles that have guided great storytellers for thousands of years. Lawyers, Liars, and the Art of Storytelling shows you how to convey legal information in a cogent, persuasive way to the client who needs the help, to opposing counsel, and to the decision-maker who has the final say. In doing so, it utilizes portions of famous real-life court transcripts, television scripts, and story after story that feels more like celebration than study. Part prescriptive teaching, part memoir, always entertaining and never lecture, this package provides storytelling lessons gleaned from years of trial practice and television writing, wrapped in, what else, great stories"--Publisher.
Lawyers, Liars, and the Art of Storytelling by Jonathan Shapiro Pdf
The practice of law is the business of persuasion, and storytelling is the most effective means of persuading. A credible lawyer capable of telling a well-reasoned story that moves the listener will always beat the lawyer who cannot. This entertaining book shows you how to convey legal information in a cogent, persuasive way to the client who needs the help, to opposing counsel, and to the decision-maker who has to make the final call.
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.
Lubet's Nothing But The Truth presents a novel and engaging analysis of the role of storytelling in trial advocacy. The best lawyers are storytellers, he explains, who take the raw and disjointed observations of witnesses and transform them into coherent and persuasive narratives. Critics of the adversary system, of course, have little patience for storytelling, regarding trial lawyers as flimflam artists who use sly means and cunning rhetoric to befuddle witnesses and bamboozle juries. Why not simply allow the witnesses to speak their minds, without the distorting influence of lawyers' stratagems and feints? But Lubet demonstrates that the craft of lawyer storytelling is a legitimate technique for determining the truth andnot at all coincidentallyfor providing the best defense for the attorney's client. Storytelling accomplishes three important purposes at trial. It helps to establish a "theory of the case," which is a plausible and reasonable explanation of the underlying events, presented in the light most favorable to the attorney's client. Storytelling also develops the "trial theme," which is the lawyer's way of adding moral force to the desired outcome. Most importantly, storytelling provides a coherent "story frame," which organizes all of the events, transactions, and other surrounding facts into an easily understandable narrative context. As with all powerful tools, storytelling may be misused to ill purposes. Therefore, as Lubet explains, lawyers do not have carte blanche to tell whatever stories they choose. It is a creative process to be sure, but every story must ultimately be based on "nothing but the truth." There is no room for lying. On the other hand, it is obvious that trial lawyers never tell "the whole truth," since life and experience are boundless and therefore not fully describable. No lawyer or court of law can ever get at the whole truth, but the attorney who effectively employs the techniques of storytelling will do the best job of sorting out competing claims and facts, thereby helping the court arrive at a decision that serves the goals of accuracy and justice. To illustrate the various challenges, benefits, and complexities of storytelling, Lubet elaborates the stories of six different trials. Some of the cases are real, including John Brown and Wyatt Earp, while some are fictional, including Atticus Finch and Liberty Valance. In each chapter, the emphasis is on the narrative itself, emphasizing the trial's rich context of facts and personalities. The overall conclusion, as Lubet puts it, is that "purposive storytelling provides a necessary dimension to our adversary system of justice."
In this book, which was first published in 1954, U.S. defense attorney Lloyd Paul Stryker takes the reader through every step of a case: the first meeting with the client, the questions to find the facts, the arrival in court on the first day of the trial, the selection of jurors, the carefully collected information about the characters of the judge and the prosecuting attorney, the importance of the opening address and the summation. Above all, he reveals the fascinating art of cross-examination which he considered to be the greatest weapon in the arsenal of a trial lawyer. The author clears up for all time the matter of legal ethics, of a defense attorney’s responsibility to undertake a defense, and under what circumstances he must refuse it. Also, he tells wonderfully exciting stories about the famous trial lawyers of an earlier day—Martin W. Littleton, Daniel Webster, Rufus Choate—as well as such modern greats as Robert Jackson and John W. Davis.
The Opening Statement of the Prosecution in International Criminal Trials by Sofia Stolk Pdf
This book addresses the discursive importance of the prosecution’s opening statement before an international criminal tribunal. Opening statements are considered to be largely irrelevant to the official legal proceedings but are simultaneously deployed to frame important historical events. They are widely cited in international media as well as academic texts; yet have been ignored by legal scholars as objects of study in their own right. This book aims to remedy this neglect, by analysing the narrative that is articulated in the opening statements of different prosecutors at different tribunals in different times. It takes an interdisciplinary approach and looks at the meaning of the opening narrative beyond its function in the legal process in a strict sense, discussing the ways in which the trial is situated in time and space and how it portrays the main characters. It shows how perpetrators and victims, places and histories, are juridified in a narrative that, whilst purporting to legitimise the trial, the tribunal and international criminal law itself, is beset with tensions and contradictions. Providing an original perspective on the operation of international criminal law, this book will be of considerable interest to those working in this area, as well as those with relevant interests in International/Transnational Law more generally, Critical Legal Studies, Law and Literature, Socio-Legal Studies, Law and Geography and International Relations.
Trial Advocacy in a Nutshell by PAUL B.. BERNSTEIN BERGMAN (JUSTIN.),Justin Bernstein Pdf
Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the "art of advocacy" into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into "argument-centered narratives" that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called "atomic spies," 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children's stories such as Humpty Dumpty and Jack & Jill. Also carried forward is the book's light tone which makes it not only useful but also a good read.
From renowned trial attorney and New York Times bestselling author Gerry Spence: a must own book for every lawyer and business professional seeking to make cutting-edge winning presentations--in court, at work, everywhere, any time. Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since 1969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
The Art & Science of Trial Advocacy by L. Timothy Perrin,Harry M. Caldwell,Carol A. Chase Pdf
The Art and Science of Trial Advocacy, Second Edition, guides the reader through the trial process, suggesting techniques and strategies for each stage of the trial process--pretrial, trial, and post-trial motions; jury selection; opening statements; direct and cross-examination; and closing arguments. Included are illustrative transcripts explaining how to use the various techniques in an actual case, detailed guidance on the effective use of expert witnesses, and practical direction on the incorporation of exhibits and demonstrative evidence into case presentations. The book discusses basic principles of effective communication and persuasion, including the importance of the advocate's credibility and examples of how to develop case presentations that maximize the persuasive impact on judges and juries. The appendix includes the Federal Rules of Evidence. Additionally, the new Second Edition: Recognizes how the rapid development of technology and its use in the courtroom has changed the way trials are conducted and the way lawyers present evidence and argue to the jury. Discusses the use of technology in the courtroom. Includes materials describing the technology now available to trial lawyers as they prepare and present evidence; and Provides "Tech Tips" on how technology might be used to enhance advocacy at various points of the trial.
