The Trial Practice Tips Weblog

Deposition Checklists and Strategies, Fifth Revision

The fifth revision to my book, Deposition Checklists and Strategies, has been published by James Publishing.

The new revision contains a number of new practice tips, a section listing practice tips by type and category, a long appendix featuring real-life deposition transcripts for study, and much more.

Here's a testimonial about the book from Ross Mann, an attorney whom I don't know, yet who was kind enough to email me last month about my book--

Your deposition book was INSTRUMENTAL in my first deposition. I proceeded to take my first adverse dep without ever having seen a dep in my life--and I had full confidence because I thoroughly studied your book. Thanks so much for the work!

You can view and print a detailed brochure about Deposition Checklists and Strategies at this link (pdf).

Thinking About Going Solo?

From Keith Lee's Associate's Mind, "Review: Solo by Choice"--

[F]rom what I’ve read around the web, the general consensus for the best place for advice regarding going solo is Carolyn Elefant’s book, Solo By Choice (and her accompanying website, myshingle.com). With that in mind, I purchased a copy to see for myself.

The remainder of Lee's long post is a comprehesive review of Solo By Choice, which concludes "it's a fantastic book." (My own review of Solo By Choice, which has a similar conclusion, is here.)

A New iPad Book for Lawyers

Title: iPad in One Hour for Lawyers, by Tom Mighell.

For information about the print and ebook versions, see the short review by Ernest Svenson.

Says Svenson, "Every lawyer who gets an iPad for the first time should get this book."

Direct Examination: Put the Witness at Ease

As J. Patrick Hazel writes--

Unless the witness is a professional testifier, terror is likely the witness's dominant emotion. Ask a few questions to ease that feeling. Ask things that cannot be challenged by the opposing lawyer and the jury. "Where do you live?" "Where do you work?" "Are you married?" "Do you have any children?" "Where do your children go to school" are a few such questions. Even if the witness goofs in answering these questions, no one else will know.

Source: "Direct Examination," by J. Patrick Hazel, in The Litigation Manual: Trial.

Related post: "Another Book to Think About: The Litigation Manual: First Supplement."

For Plaintiffs' Lawyers: Who Should You Call As Your First Witness?

At The Maryland Injury Lawyer Blog, Ronald V. Miller, Jr., has a post titled "Sequence of Witnesses," which discusses strategies for choosing the first witness in a trial.

Miller's post includes advice from David Ball's book Damages, which was recently released in a third edition.

Cross Examination for Students and Practitioners

There's a new book about cross-examination in the Aspen Coursebook Series: "Cross-Examination Handbook: Persuasion, Strategies, and Techniques," by Ronald H. Clark, George R. Dekle, Sr., and William S. Bailey.

According to the authors, the book is "designed for law students and for both inexperienced and experienced trial lawyers." You can find a list of the book's chapters at its companion website. The authors have also launched a weblog, aptly titled "Cross-Examination Blog."

The book includes chapters about various types of cross-examination, with an emphasis on planning and strategy. The chapters are illustrated, in part, with examples drawn from real-life trial transcripts. These include a cross of Ted Bundy ("concession-seeking cross") and Mark Fuhrman by F. Lee Bailey ("impeachment by contradiction").

The book also contains a number of practical tips for all aspects of cross-examination, some of which I'll feature on this weblog from time to time.

The Cross Examination Handbook is available from Aspen Publishers or from Amazon.

My Deposition Book: Fourth Revision

The fourth revision to my book, Deposition Checklists and Strategies, is out, with a new chapter on breach of contract, plus many additional practice tips and minor revisions. Here's the revised chapter list:

• Deposition Procedures and Strategies
• Vehicular Liability
• Premises Liability
• Products Liability
• Medical Malpractice
• Employment Cases
• Insurance Disputes
• Consumer Protection
• Breach of Contract

For more information about the book, follow the link to my publisher's website.

Free Law-Related Articles, Many Excerpted from Books

For free law-related articles from James Publishing, just follow the link and browse the list of articles on the right side, including--

• Residential slip-and-falls, with deposition outlines;
• Auto accident depositions;
• Model interrogatories; and
• Employment evidence.

You'll also find free form collections (e.g., employment discrimination and defense doctor depositions), free pamphlets, and free mini-courses.

James Publishing also publishes my book, Deposition Checklists and Strategies.

This Year's Supplement to My Deposition Book: A Chapter on Breach of Contract

I've almost finished writing this year's supplement to my deposition book, Deposition Checklists and Strategies (James Publishing). This year I'll be adding a new, ninth chapter on breach of contract. It should be out in a few months.

The first eight chapters are these:

• Procedures and Strategies
• Vehicular Liability
• Premises Liability
• Products Liability
• Medical Malpractice
• Employment Cases
• Insurance Disputes
• Consumer Protection

For more information about the book, follow the link to my publisher's website.

Don't Alienate the Judge

When dealing with the judge at trial, try your obsequious best never to show any hint of irritation or disrespect.

That's the advice of Martin L. Grayson, who writes in his excellent, readable book The View from the First Chair: What Every Trial Lawyer Really Needs to Know:

In my opinion, one of the biggest mistakes an attorney can make is alienating the judge. You will put yourself and your client at risk of losing every close call, having every request for continuance or extension of discovery procedures summarily denied and, worst of all, having the judge signal the jury at trial that you are not trustworthy.

Good advice.