The Second Edition of Expert Rules contains fifty new pages based on changes in the Federal Rules of Civil Procedure and Federal Rules of Evidence as amended December 1, 2000. It also contains a new chapter on expert depositions that examines specific questions an attorney can ask at deposition to explore various concepts of reliability. Expert Rules answers the most commonly asked questions about experts, such as: How do you approach an expert problem? What is the impact of Daubert on expert preparation, direct and cross? How do you structure direct examination of an expert? How do you avoid fatal blunders when you prepare an expert? An extensive index makes the book easy to use for practitioners, students, and researchers.

Expert Rules: 100 (and more) Points You Need to Know About Expert Witnesses

Paul J. Zwier

David M. Malone

Reference

LEXISNEXIS/National Institute for Trial Advocacy

Effective Use of Courtroom Technology: A Lawyer’s Guide to Pretrial and Trial is the first definitive how-to book for attorneys using evidence cameras, computers, digital projectors, screens, monitors, and video and audio displays in the courtroom. Written for lawyers who bring electronic equipment into the courtroom or use court-provided equipment for displaying or playing exhibits during trial, this book explains what the real issues are, provides a jargon-free description of the technology driving the issues, and suggests the considerations in making motions or responding to objections. 
Effective Use of Courtroom Technology makes it easier for lawyers to benefit from courtroom technology from the initial phases of discovery through post-trial briefing. The book comes with a CD-ROM containing sample computer generated exhibits that illustrate a variety of templates, animations, color combinations, and transitions which are useful to attorneys wanting to bring technology in the courtroom. The CD also contains a copy of the Microsoft Appeal e-brief. This was provided to us by RealLegal.com.

Effective Use of Courtroom Technology: A Lawyer's Guide to Pretrial and Trial

Anthony J. Bocchino

Frank D. Rothschild

Donald H. Beskind

Deanne C. Siemer

Legal decision makers construct their own case story version when judging a case. In fact, they reauthor their own version of the case story presented to them several times before arriving at the one they use to decide the case. Their individual stories influence the verdict as much as individual backgrounds and beliefs, or the attorney’s case presentation in court. This groundbreaking book offers straightforward steps for trial professionals to identify and use these stories to refine the most compelling presentation for listeners to judge. Learn: * how and why legal decision makers construct their own case stories and use them to decide a case * the importance of crafting and communicating a case to decision makers as a story and why it can be the most direct and influential way to address decision makers * which focus groups best reveal the range of stories versions listeners can build from your case * how to run voir dire like focus groups and focus groups like voir dire * why you should never ask focus group members which side in a case they like * why you should think twice before ever again asking a “why” question in voir dire or focus groups * how to take full advantage of the only four channels available to deliver any legal case Sample Chapter Contents * The “Problem” with Focus Groups * Packaging the Facts: Theme, Scope, Point-of-View, and Sequence * The Process of Story Growth * Decision Making Biases or Heuristics * Hot Topics and “Silver Bullets” * Theme and Story Elements * Three sample opening statement sections * Appendix includes printable focus group polling forms

Facts Can't Speak for Themselves: Reveal the Stories that Give Facts their Meaning

Eric Oliver

This book presents a strategic planning and integrated systematic approach to negotiation. This approach, as presented by Thomas F. Guernsey and Paul J. Zwier, claims both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. 
The book provides attorneys with an outline to plan and implement effective negotiating techniques. Guernsey and Zwier use up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help lawyers teach their clients to make better strategic use of negotiation. It breaks the counseling process into stages and shows what information the client needs in order to make an informed decision.
The approach Guernsey and Zwier describe also serves as an organizational tool allowing attorneys to simplify a complex process sufficiently to view it as a whole. Advanced Negotiation and Mediation Theory and Practice describes four stages of negotiation: • Icebreaking and Setting the Agenda • Information Bargaining • Exchange, and • Crisis and Outcome The book then focuses on the planning and strategic decision making process involved when negotiating in an international setting. In an increasingly global marketplace, it is vital that lawyer negotiators understand the role that cultural differences play in conducting negotiations. According to Guernsey and Zwier, your ability to implement your client's ends will often depend on the lawyer's ability to anticipate these differences and choose the right approach for the right setting. The authors examine multiparty negotiations and using a mediator to reach the client's goals. Guernsey and Zwier claim that one of the most important factors in choosing a mediator is the mediator's reputation for being prepared and invested in the process. The book concludes by focusing on the rules of professional responsibility.

Advanced Negotiation and Mediation Theory and Practice

Thomas Guernsey

Paul Zwier

This book explores an attorney’s role when dealing with evidentiary issues that arise when taking and defending depositions. Anthony J. Bocchino and David A. Sonenshein discuss making objections, giving instructions to the deponent not to answer questions, and responding to those events. Bocchino and Sonenshein provide experienced insights into typical issues confronting attorneys during depositions, as well as guidance on tactical and professional responsibility issues involved with this topic and how counsel can best prepare to deal with these issues. The book is designed to provide a quick and ready reference regarding a variety of evidentiary and practice related issues such as: * the law of making and curing of objections * the tactics of making and curing objections * dealing with obstreperous objecting counsel * preparation of witnesses regarding the meaning of objections * instructions not to answer on privilege or trial preparation material grounds and how to respond to such instructions * rule-by-rule practice guide (Federal Rules of Evidence) on how to make, respond to, and cure objections at deposition Table of Contents Part I. Objections That Must/May Be Made at Depositions * Competency of Witnesses * Competence, Relevance, and Materiality of Evidence * Objections to the Form of the Question or Answer Part II. The Form of Objections and Instructions Not to Answer * Form of Objections * Instructions Not to Answer a Question Part III. The Tactics of Making and Meeting Objections * Time, Place, and Manner of Recording * Deponent Preparation * To Object or Respond or Not * When to Involve the Judge Part IV. Objections, Responses, and Curative Action Objections to the Form of Questions * Objection to Form (Non-Specific) * Leading Questions * Ambiguous/Vague * Argumentative * Asked and Answered * Assuming Facts Not in Evidence * Compound Questions * Misquoting the Witness Narratives * Non-Responsive Answers Objections to the Competence of Evidence * Character Evidence for Propensity Purposes * Character Evidence for Non-Propensity Substantive * Purposes * Habit and Routine Practice * Subsequent Remedial Measures * Offers of Compromise * Payment of Medical and Similar Expenses * Insurance Against Liability * Privileges * Expert Opinions (Reliability of * Theory/Methodology) * Expert Opinions (Bases) * Hearsay (Generally) * Hearsay—Non-Hearsay Prior Statements * Hearsay—Non-Hearsay Admissions * Hearsay Exception—Present Sense Impression * Hearsay Exception—Excited Utterances * Hearsay Exception—Statements of Then Existing * Physical Condition * Hearsay Exception—Statements of Then Existing Mental Condition * Hearsay Exception—Statements for Purposes of Medical Diagnosis or Treatment * Hearsay Exception—Recorded Recollection * Hearsay Exception—Records of Regularly Conducted Activity (Business Records) * Hearsay Exception—Public Records and Reports * Hearsay Exception—Learned Treatises * Other Hearsay Exceptions in Rule 803 * Hearsay Exceptions Requiring Unavailability— Generally * Hearsay Exception—Former Testimony * Hearsay Exception—Statement Under Belief of Impending Death * Hearsay Exception—Statements Against Pecuniary or * Proprietary Interest * Hearsay Exception—Declarations Against Penal Interest * Hearsay Exception—Forfeiture by Wrongdoing * Hearsay Exception—Residual Exception * Authentication of Instruments * Authentication of Voices * Original Document Rule (Best Evidence Rule) Appendix A. Selected Rules from the Federal Rules of Civil Procedure Appendix B. Federal Rules of Evidence

Deposition Evidence: Objections, Instructions Not to Answer, and Responses

David A. Sonenshein

Successful trial lawyers are constantly working to improve their trial techniques and advocacy skills. Anderson on Advocacy presents effective approaches and advice on all aspects of trial practice. Carol Anderson, an award-winning clinical professor, illustrates her points with entertaining and educational examples from many of America's most successful trial lawyers, including: Michael Tigar, David Berg, Howard Nations, and John Edwards. These outstanding trial lawyers will help your students master the tactics and strategy of trial advocacy.

Anderson on Advocacy

Carol Anderson

At 4-by-6 inches, this complete guide to Illinois evidence travels easily to the courtroom or classroom. This handy pocket-size book allows you to quickly reference objections, (listed alphabetically with thumb tabs) and responses during trial, instantly consult the relevant Illinois Rule, gain insight from crucial practice tips and legal interpretations, and access the rules when you need them most, as this pocket-size guide is always at hand. Includes a mini-CD with the entire book hyperlinked in PDF format and bookmarked for ease of use.

Illinois Evidence with Objections

James P. Carey

In Children in the Courtroom, Sherrie Bourg Carter provides attorneys and judges with the critical information they need to properly review and handle cases involving child witnesses. Through a detailed discussion of the complicated legal, investigative, and developmental problems that are commonly encountered when children are involved in the legal system, Bourg Carter offers practical guidance to help legal professionals maneuver the often thorny landscape of using child witnesses in litigation. In an easy-to-read format, this book covers common legal arguments that arise with child witnesses, proper and improper child interview methods, legally relevant child developmental issues, and helpful procedures when children testify in the courtroom.Full of new material, the Second Edition includes new sections on working with disabled child witnesses, taint, multiple incident cases, multiple victims cases, recantation, vertical prosecution, and child assessment centers. Bourg Carter delivers two new chapters - one devoted exclusively to improper interview techniques and the other outlining specific strategies for questioning a child witness. In addition, practitioners will find updated coverage of competence to testify; availability and hearsay; and reviews of case law related to Crawford v. Washington and Davis v. Washington. The appendix includes a child witness questioning guide for competence to testify assessments and child sexual abuse cases.

Children in the Courtroom

Sherrie Bourg Carter

An invaluable resource and in-depth guide dedicated to assisting the trial attorney in every aspect of preparing for and conducting trials, including understanding and applying the rules of evidence in trial. This new edition adds material on electronic evidence, expert witness, examination of witnesses, jury studies and their implications for trial practice, and changes to the Federal Rules of Evidence. This is an excellent reference for the new attorney preparing for that first case or the seasoned attorney looking for a new perspective. The following features are included: example outlines for arguments and examinations; example transcripts for examinations; use of a complete fact pattern to illustrate points throughout the text; instructions and advice on preparing for trial and selecting a jury; and an in-depth analysis of evidence rules and their application in trial. The content also features chapters covering cross-examination, impeachment, and privileges. An entire case file is presented in an appendix and is used as a fact pattern to craft sample arguments and outlines throughout the text. Appendices also include the entire Federal Rules of Evidence.

Trial Technique and Evidence

Michael R. Fontham

Attorneys, order two copies of this book: one for yourself and one for your expert witness. It will give experts the confidence they need to be comfortable in court, and it will give you the skills necessary to emphasize the credibility of your experts. You can avoid pitfalls such as unintentional signals, inappropriate demeanor and appearance, and awkward body language by using Expert Testimony as your guide. With the addition of Elizabeth Boals as a coauthor, the second edition expands and amplifies the original book with
 -New guidance for experts and lawyers on the development and presentation of expert testimony in the digital age, including discussion of visual aids and electronic discovery -Updated analysis of the Federal Rules of Evidence and Federal Rules of Civil Procedure -Updated discussion of the ethical rules governing expert retention and testimony -Additional examples of expert witness examinations and detailed discussion of techniques for coping with lawyer questioning -Additional checklists for quick reference
 The collaborative effort of Professor Lubet and Professor Boals has resulted in a second edition that is worthwhile to both the expert witnesses and the lawyers who examine them.

Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them

STEVEN LUBET

Elizabeth Boals

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