From Truth to Technique at Trial

A Discursive History of Advocacy Advice Texts

Author: Philip Gaines

Publisher: Oxford University Press

ISBN: 0199333602

Category: Law

Page: 232

View: 9405

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From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.
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Dueling Discourses

The Construction of Reality in Closing Arguments

Author: Laura Felton Rosulek

Publisher: Oxford University Press, USA

ISBN: 0199337616

Category: Language Arts & Disciplines

Page: 235

View: 4680

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Dueling Discourses offers qualitative and quantitative analyses of the linguistic and discursive forms utilized by opposing lawyers in their closing arguments during criminal trials. Laura Felton Rosulek analyzes how these arguments construct contrasting representations of the same realities, applying the insights and methodologies of critical discourse analysis and systemic functional linguistics to a corpus of arguments from seventeen trials. Her analysis suggests that silencing (omitting relevant information), de-emphasizing (giving information comparatively less attention and focus), and emphasizing (giving information comparatively more attention and focus) are the key communicative devices that lawyers rely on to create their summations. Through these processes, lawyers' lexical, syntactic, thematic, and discursive patterns, both within individual narratives and across whole arguments, function together to create versions of reality that reflect each individual lawyer's goals and biases. The first detailed analysis of closing arguments, this book will significantly improve our understanding of courtroom discourse. Furthermore, as previous research on all genres of discourse has examined exclusion/inclusion and de-emphasis/emphasis as separate issues rather than as steps on a continuum, this book will advance the field of discourse analysis by establishing the ubiquity of these phenomena.
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Trials

Strategy, Skills, and the New Power of Persuasion

Author: Thomas A. Mauet

Publisher: Aspen Publishers Online

ISBN: 0735551030

Category: Law

Page: 621

View: 9673

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Does your current trial advocacy resource show how to develop a winning trial strategy? Thomas A. Mauet's new Trials: Strategy, Skills, and the New Powers of Persuasion leads readers, step by step, through the many elements necessary for persuasive litigation. This realistic and practical work from the highly regarded leader in the field responds to significant changes in trial theory and practice: recognition of the decisive role of the jurors' perspective, including how they process and evaluate people, information, and arguments, and how they reach collective decisions the increased necessity of an effective opening statement and how to construct and deliver opening statements for maximum strategic value, with annotated examples from both the plaintiff's and the defendant's attorneys the new importance of visuals, with an entire chapter dedicated to this crucial element of today's trials, including proven tips for developing a visual strategy and using visuals/electronic media in opening statements, closing arguments, and expert testimony Tom Mauet draws on his extensive experience to set a strong foundation for practice by: presenting a methodology for developing an effective trial strategy and preparing for trial explaining and demonstrating the skills that must be developed and used in trials sequencing topics in order of the stages of a jury trial structuring the chapters in a consistent format: "The Law" lays out the legal framework for the chapter, generally a Rule (or Rules) of Evidence; "The Jury's Perspective" provides the sociological or psychological context; substantive sections provide the instruction "Trial Notebook" describes the information to add to the notebook at each stage of the trial, and "Common Problems" point out recurring problem including a CD-ROM that provides a trial notebook, video presentations of evidence (including interactive ones), and examples of opening statements, direct examination, and closing arguments for civil and criminal cases ;creating an exceptionally helpful Teacher's Manual An author website to support classroom instruction using this title is available at http://www.aspenlawschool.com/mauet_trials
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Materials in Trial Advocacy

Problems and Cases

Author: Thomas A. Mauet,Warren D. Wolfson

Publisher: Aspen Pub

ISBN: 9780735556317

Category: Law

Page: 1125

View: 8392

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Unrivaled in authorship, MATERIALS IN TRIAL ADVOCACY, now in its Sixth Edition, continues to be a solid choice for your students. Help them make a smooth transition from the classroom to the courtroom with a text that has successfully prepared thousands of lawyers for court. Backed by 30 years of professional practice as lawyers and judges, the authors present thoughtfully crafted problems and cases, organized to parallel the stages of a real-life trial. Many great features allow this text to remain the best in the field: Authors Thomas A. Mauet and Warren D. Wolfson bring unparalleled trial experience to the text, having practiced law as both lawyers and judges for 30 years. Trial techniques are divided into three levels: the essentials, the process of developing trial strategy, and complete trials Materials are based on actual cases from the authors¿ own professional experiences Each chapter contains both civil and criminal problems of increasing complexity Contains two-witness trial problems not found in any other materials book More complete coverage, more cases, and more problems than competing titles Important new material in the Sixth Edition makes this great text even better: A new full trial case involving medical malpractice Two new problems involving insider trading and expert scientific testimony A thorough revision of the entire text offers additional thought and clarity to existing problems
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