From the Trenches: Strategies and Tips From 21 of the Nation's Top Trial Lawyers
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Trial practice is more art than science. Some are born with a natural ability to tell a story through witnesses and evidence and persuade others to reach a desired result. Time and experience, however, can improve a person's capacity to succeed at trial. Following the suggestions noted in this book will help to develop and optimize trial skills to achieve favorable outcomes for your clients.
In many instances lawyers boldly declare that trials are "over" by the end of voir dire or opening statement. That nothing can be said or done during closing arguments that will change the outcome of the trial. Do not listen to them. They are not your friends. Approach every closing argument as if only one juror is on your side—a juror who will never know the facts as well as you and who will only remember a fraction of what you say during closing argument. Resolve that, by the end of your closing argument,the juror will (1) know what exhibits to call for and what to do with those exhibits, (2) be able to identify a turning point in the trial, (3) remember the bios of your key witnesses and the tags of your opponents', (4) be able to picture how the evidence stacks up on both sides of the scale, (5) be prepared for prejudicial and emotional comments, and (6) know how you would respond to compromise.
Every trial lawyer must develop his or her own style and undoubtedly will learn trial tactics through experienceand trial snd error. But most lawyers learn so much from other lawyers. From the Trenches brings together 21 top trial lawyers to offer insightful tactics and strategies to makeattorneys stronger in court.