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Common sense rules of advocacy for lawyers

Author: Keith Evans
Publisher: Alexandria, VA : TheCapitol.Net, ©2004.
Series: Communication series (TheCapitol.Net)
Edition/Format:   Print book : English : [Rev. ed.]View all editions and formats
A practical guide for anyone who wants to be a better advocate. Tips and rules that will make anyone - lawyer or lobbyist, account executive or negotiator - a better advocate in less than 10 minutes a day.

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Document Type: Book
All Authors / Contributors: Keith Evans
ISBN: 1587330059 9781587330056
OCLC Number: 56315474
Notes: Includes index.
Revised edition of: The common sense rules of trial advocacy. St. Paul, Minn. : West Pub. Co., 1994.
Awards: Commended for Benjamin Franklin Award (Professional) 2005
Description: xxi, 240 pages ; 20 cm.
Series Title: Communication series (TheCapitol.Net)
Responsibility: Keith Evans.


A practical guide for anyone who wants to be a better advocate. Tips and rules that will make anyone - lawyer or lobbyist, account executive or negotiator - a better advocate in less than 10 minutes a day.

Table of Contents:

by TheCapitol.Net (WorldCat user on 2007-03-30)

Foreword The Author Chapter 1 Introduction Chapter 2 The Dimensions of Advocacy rule title First Dimension: In the Common Law Countries a Trial is Not an Exercise Designed to Discover the Truth Second Dimension: Human Beings are Far More Video Than Audio 1 You Must Dress Appropriately 2 Don't Be Seen to Be in To Friendly a Relationship With Your Opponent 3 Don't Smile, Laugh or Joke Without Including the Jury In 4 Appear at All Times to Be Absolutely Sincere 5 Never Convey Any Visual Signal You Do Not Intend to Convey 6 Ensure That Your Factfinder Always Has Something to Look at 7 Use All Kinds of Visual Aids 8 Maintain Eye Contact With the Factfinder Third Dimension: People Don't Like Lawyers! 9 Stick Rigorously to the Truth 10 Don't Appear to Be Manipulative 11 Don't Sound Like a Lawyer Fourth Dimension: Time is Valuable 12 Don't Repeat Yourself Chapter 3 The Mandatory Rules of Advocacy rule title 13 Mandatory Rule Number One: In Your Opening Statement Avoid All Argument and Stick Strictly to Facts 14 Mandatory Rule Number Two: Be Sure, in Your Opening Statement, to State Enough Facts to Justify the Verdict You Are Asking for 15 Mandatory Rule Number Three: The Advocate Must Not Express His or Her Opinion in Court 16 Mandatory Rule Number Four: As an Advocate, Never Give or Appear to Give Evidence Yourself 17 Mandatory Rule Number Five: Never refer to the Criminal Record of an Accused Person or to Any Offers of Settlement 18 Mandatory Rule Number Six: Never Put Words in the Mouths of Your Own Witness 19 Mandatory Rule Number Seven: In Your Closing Argument Speak Only of Things That Have Been Touched Upon in the Evidence Chapter 4 Advocacy as Theater rule title 20 Commit to Being an Excellent Trial Lawyer Don't Do Anything by Halves If You Can't Dedicate Yourself to This, Move Over and Do Something Else 21 Entertain Them 22 Tell Them a Story 23 Think Beginning, Middle and End 24 Always Aim to Maintain Your Continuity 25 Keep It Simple 26 Avoid Detail 27 Work at Eliminating Everything That Can Safely Be Eliminated 28 Be Brief 29 Prepare Them for the Boring Bits 30 Know Your Audibility 31 Vary Your Pace and Vary Your Tone 32 Be Aware of Timing and Use the Power of the Pause 33 Be Vary Careful About Raising Your Voice 34 Stay Out of the Well 35 Don't Get Too Close to the Jury Box 36 Beware of Getting Too Close to the Witness 37 Plan Your Approach to the Witness Stand Chapter 5 The Psychology of Advocacy rule title 38 The Material of Advocacy Are Fragile 39 Be Likeable 40 Aim to Create Sympathy Between You and Your Factfinder 41 Newton's Rule 42 Include the Factfinder in! or the Rule of the First Person Plural 43 Prepare Them 44 Always Aim to Be the Honest Guide 45 Don't Ask the Factfinder to Believe the Unbelievable 46 When There Is a Weak Point in Your Case Don't Pretend That It Isn't a Weak Point 47 Don't Misquote the Evidence in any Way at All and Don't Put a Slick Interpretation on Any Part of It 48 Make Sure That You Always Come Across as Being Absolutely Fair 49 Keep Your Objections to a Minimum 50 Take Great Care Getting Your Jury Out of Court for Bench Conferences 51 Demonstrate Your Competence to Your Judge as Early as Possible 52 Practice Listening Intently 53 Stop Dead in Your Tracks as Soon as You Realize Your Sentence Has Become Too Complicated 54 There Must Be an Overall Theme to Your Entire Case and You Should Be Able to Tell the Story in One Compact Sentence 55.1 First Part: As Soon as You Have an Approximate Idea of What a New Case is About Sit Down and Write Your Closing Argument 55.2 Second Part: Sit Down and Write Your Opponent's Closing Argument 55.3 Third Part: Sit Down and Perfect Your Closing Argument 56 Show Them the Way Home Chapter 6 The Examination of Witnesses rule title 57 Think Out in Advance the Answer You Want to Hear and Design Your Questions With a View to Getting That Answer Think Control –Know What You Want the Witnesses to Say Then Make Them Say It 58 Every Examination Should Consist of a Series of Objectives 59 Never Forget That the Average Witness Speaks From Memory 60 Never Forget You Are Not Dealing With Facts but With What the Witness Believes to Be Facts 61 Go Gently When You Attack a Witness's Recollection 62 Never Turn to a Witness for Help 63 The One Line of Transcript Rule 64 Don't Ask Compound Questions 65 Use Variety in the Format of Your Questions 66 Beware of Demanding the Yes or No Answer Chapter 7 Direct Examination rule title The Rule About Leading Questions 67 The Foundation Rule: Before You May Ask a Witness to Testify on any Topic, You Must Lay a Foundation Showing How the Witness Has Acquired Knowledge of That Topic 68 In Direct Examination, Remember the Rule of Two and Couple Your Questions Wherever You Can Getting Documents into Evidence Refreshing Recollection Chapter 8 Cross-Examination rule title 28 Be as Brief as You Can Be 69 Stop When You Get What You Want 70 Use Leading Questions in Cross-Examination 71 Pin Down the Witness: Don't Spring the Trap Until the Witness is Inside 72 Keep the Record as Favorable to You as Possible by Moving to Strike Any Inadmissible Evidence 73 Ride the Bumps: Keep Your Dismay a Secret 74 The Minefield Rule: Never Jump Back in Alarm! 75 Don't Cross-Examine at All Unless You Have to 76 Don't Go Fishing 77 Don't Ask Questions to Which You Don't Know the Answer 78 Never Ask "Why?" and Never Ask "How?" 79 Don't Open the Door 80 Don't Let the Witness Repeat Her Direct Testimony 81 Don't Ever Get Into an Argument With a Witness 82 Don't Ask the Fatal Final Question Chapter 9 Re-Direct Examination rule title Salvage, Clarification, and Massacre 83 If You Don't Do Re-Direct Well It's Better You Don't Do It at All Re-Direct Must Be Done Confidently and Effortlessly Chapter 10 The Final Argument rule title 84 It's The Factfinder's Emotion, Not Yours, That Matters 85 Emotion Follows Facts and Not the Other Way Around 86 Too Little Emotion is Fatal: Too Much Emotion is Fatal 87 Acknowledge the Feelings That Have Understandably Been Stirred Up Chapter 11 Written Advocacy rule title Paper Is the Basic Material Used for Written Communication and the Dissemination of Information 88 Lawyers Use Far Too Much Paper Engineering Language 89 Good Legal Writing is Easy to Read and Interesting, Accomplishing Its Goal in as Few Words as Possible The "Body Language" of a Document 90 The Appearance of Your Document is Vitally Important 91 White Space is User Friendly 92 Don't Produce a Paragraph Deeper than Four Inches 93 Margins Have an Effect on the Reader 94 Lists of More Than Three Items Should Be Vertical Not Horizontal 95 Use Headings 96 Consider Incorporating Diagrams into Your Writing Pace and Movement 97 Write at the Pace of a Brisk Walk 98 Pay Great Respect to Chronology in Your Writing Paper Is the Basic Material Used for Written Communication and the Dissemination of Information 99 There's No Rule of Court Which Requires Your Document to Be a Minimum Length Chapter 12 Advocacy in the Age of High Technology rule title Video 100 Stay Abreast of Technological Advance Chapter 13 Conclusion Appendices * Appendix 1: Why Color Is Critical * Appendix 2: The Practical Rules at a Glance * Appendix 3: "How to Succeed as a Lawyer," by Roland Boyd Index


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