NITA Publications

Modern Trial Advocacy

Now in its Fourth Edition, NITA's best-selling text, Modern Trial Advocacy: Analysis and Practice, has set the standard for trial advocacy texts since 1993. It is widely used in prominent law schools throughout the U.S. and in many of NITA's own trial advocacy programs. Steven Lubet guides the beginning advocate from developing a winning case theory through all phases of trial. He explains how to present a case as a story, and how to tell the story to the jury powerfully and persuasively.

Modern Trial Advocacy presents a realistic and contemporary approach to learning and developing trial advocacy skills. This book offers a sophisticated theory-driven approach to advocacy training that distinguishes it from other books in the field.

The Fourth Edition has been updated to include:

•  Expanded section on the uses of theory, theme, and story frame
•  Expanded discussion of witness preparation
•  New section on the persuasive value of inferences and cognitive theory
•  Expanded discussion of witness "credibility variables," explaining how to bolster or undermine testimony

Reviews

"Not only do I require this book in every trial practice class I teach, but I also recommend it to practicing attorneys whenever they ask me what trial practice text they should buy. This is a must for any trial lawyer's library."

-Barbara Bergman, Professor of Law, University of New Mexico, School of Law

"Steve Lubet's book is an outstanding addition to the literature of advocacy and persuasion."

-Dominic J. Gianna, Middleberg, Riddle & Gianna, New Orleans, Louisiana

"Modern Trial Advocacy is not just a cookbook of legal skills - it gives examples of why a lawyer should do something versus mimicking a formula to copy."

-Morgan Cloud, Professor of Law, Emory University School of Law

"When I throw the book at a criminal, this is the book I throw. Quite simply, it's the best book on trial advocacy ever written."

-Zachary Weiss, Senior Investigative Counsel, New York County District Attorney's Office

• >> TABLE OF CONTENTS
  CONTENTS
  
  
  CHAPTER ONE. CASE ANALYSIS AND STORYTELLING
  
  I. The Idea of a Persuasive Story
  
  II. The Ethics of Persuasive Storytelling
  
  III. Preparing a Persuasive Trial Story
  
  IV. Conclusion
  
  CHAPTER TWO. TRIAL TOOLS
  
  I. Advocacy Tools
  
  II. Demeanor
  
  III. Witness Preparation
  
  CHAPTER THREE. PERSUASION THEORY
  
  I. Script Theory
  
  II. How Script Theory Works
  
  III. What Script Theory Does Not Do
  
  IV. Credibility Factors
  
  CHAPTER FOUR. DIRECT EXAMINATION
  
  I. The Role of Direct Examination
  
  II. The Law of Direct Examination
  
  III. Planning Direct Examination
  
  IV. Questioning Technique
  
  V. Adverse and Hostile Witnesses
  
  VI. Ethics of Direct Examination
  
  CHAPTER FIVE. CROSS-EXAMINATION
  
  I. The Role of Cross-Examination
  
  II. The Law of Cross-Examination
  
  III. The Content of Cross-Examination
  
  IV. The Organization of Cross-Examination
  
  V. Questioning Technique
  
  VI. Ethics of Cross-Examination
  
  CHAPTER SIX. IMPEACHMENT
  
  I. Introduction
  
  II. Prior Inconsistent Statements
  
  III. Other Prior Inconsistencies
  
  IV. Character and "Characteristic" Impeachment
  
  V. "Case-Data" Impeachment
  
  CHAPTER SEVEN. REDIRECT EXAMINATION AND REHABILITATION
  
  I. Purpose of Redirect
  
  II. Law and Procedure
  
  III. Planned Redirect
  
  IV. Waiving Redirect
  
  V. Conducting Redirect
  
  CHAPTER EIGHT. EXPERT TESTIMONY
  
  I. Introduction
  
  II. Standards for Expert Testimony
  
  III. The Expert's Overview
  
  IV. Offering Expert Testimony
  
  V. Persuasive Techniques for Direct Examination
  
  VI. Cross-Examination of Expert Witnesses
  
  VII. Ethics of Expert Testimony
  
  CHAPTER NINE. OBJECTIONS
  
  I. Making the Record
  
  II. Objections
  
  III. Ethics and Objections
  
  IV. A Short List of Common Objections
  
  CHAPTER TEN. FOUNDATIONS AND EXHIBITS
  
  I. Evidentiary Foundations
  
  II. Foundations for Testimonial Evidence
  
  III. Exhibits
  
  IV. Foundations for Real and Demonstrative Evidence
  
  V. Foundations for Documents
  
  VI. Persuasive Use of Exhibits
  
  CHAPTER ELEVEN. ELECTRONIC VISUALS
  
  I. General Considerations
  
  II. Applications of Electronic Visuals
  
  III. Strategic Considerations
  
  IV. Technique
  
  CHAPTER TWELVE. OPENING STATEMENTS
  
  I. The Role of the Opening Statement
  
  II. The Law of Opening Statements
  
  III. Structure and Elements
  
  IV. Content
  
  V. Delivery and Technique
  
  VI. Additional Considerations
  
  CHAPTER THIRTEEN. FINAL ARGUMENT
  
  I. The Role and Function of Final Argument
  
  II. Format
  
  III. Structure
  
  IV. Content
  
  V. Delivery and Technique
  
  VI. Ethics and Objections
  
  VII. Bench Trials
  
  CHAPTER FOURTEEN. JURY SELECTION
  
  I. Introduction
  
  II. Mechanics of Jury Selection
  
  III. Planning and Conducting Voir Dire
  
  IV. Voir Dire Strategies
  
  V. Ethics and Objectionable Conduct
  
  INDEX
  
  October 13, 2010

• >> AUTHOR
  
  
  • Steven Lubet
    
    
    • Steven Lubet is the Edna B. and Ednyfed H. Williams Memorial Professor of Law at Northwestern University, where he directs the Bartlit Center on Trial Strategy. He teaches courses on legal ethics, trial advocacy, and narrative structures. A prolific author, Lubet has written more than fifteen books and over a hundred articles on legal issues such as legal and judicial ethics, litigation, legal history, international criminal law, dispute resolution and legal education. His textbook, Modern Trial Advocacy, is used by over ninety U.S. law schools and has been translated or adapted for use in six other countries. In addition to his scholarly and legal writing, Lubet's humor and opinion pieces have appeared on the op-ed pages of newspapers such as the Chicago Tribune, New York Times, San Francisco Chronicle, Baltimore Sun, Philadelphia Inquirer, Newsday, Los Angeles Times, Washington Post, Dallas Morning News, Atlanta Journal Constitution, Detroit Free Press, and many others. He writes an award-winning column for the American Lawyer Magazine, and his satirical commentaries have been heard on National Public Radio's Morning Edition. Lubet received his B.A. in history from Northwestern University (Phi Beta Kappa) in 1970 and his J.D. from the University of California at Berkeley School of Law (Boalt Hall) in 1973. Prior to joining the faculty at Northwestern in 1975, Lubet was an instructor on legal research and writing at DePaul University School of Law and a staff attorney at the Legal Assistance Foundation of Chicago.