NITA Publications

Effective Courtroom Advocacy

With the benefit of more than twenty-three years of trial observation and juror feedback, Judge Joseph F. Anderson Jr. distills his thoughts on how to master the fundamentals of trial advocacy, develop advanced skills, and win arguments before judges and juries.

Written from the perspective of an experienced trial judge, Effective Courtroom Advocacy provides practical and insightful advice designed to empower new litigators and inspire seasoned advocates. Judge Anderson's conversational style offers a treasury of practical suggestions for conducting every aspect of trial, from dealing with courtroom personnel and handling difficult judges to comprehending troublesome evidentiary rules and avoiding common - but deadly - mistakes in the courtroom. A fireside chat that tackles the most prevalent courtroom issues, Effective Courtroom Advocacy is the go-to manual for litigators everywhere.

• >> TABLE OF CONTENTS
  Contents
  
  Foreword
  
  Preface
  
  Acknowledgments
  
  Chapter One. Trial Tactics
  
  Preparation
  
  Trial Notebooks and Checklists
  
  Developing a Theme
  
  Motions in Limine
  
  Sequestration of Witnesses
  
  Courtroom Protocol
  
  Opening Statement
  
  Direct Examination
  
  Introduction of Exhibits
  
  Cross-Examination
  Brevity
  The Proverbial "One Question Too Many"
  Listen to the Answer
  Know the Answers to Your Questions in Advance
  Don't Quarrel with Witness
  
  Redirect Examination
  
  Objections
  
  Impeachment
  
  Experts
  
  Resting Your Case
  
  Miscellaneous Forensic Devices
  Props
  Nonverbal Communication
  Video Depositions
  Terminology
  
  Preparing Proposed Jury Instructions
  
  Dealing with Court Personnel
  
  Composing and Delivering an Effective Summation
  Use of Boilerplate
  Use of Analogies
  Leaving Questions for Your Opponent
  Dealing with Credibility
  Personalizing the Corporate Defendant
  Arguing Damages
  Educate the Jury
  Empower the Jury
  Review the Verdict Form
  Do's and Don'ts of Closing Argument: A Quick Checklist
  
  Receiving the Verdict
  
  Chapter Two. What Today's Jurors Really Think
  
  Don't Over-Try the Case
  
  Don't Be Disrespectful to the Judge in Front of the Jury
  
  Don't Attempt to Take Unfair Advantage of Your Opponent
  
  Don't Use Legal Jargon
  
  Don't Underestimate the Jury's Intelligence
  
  Don't Make Unnecessary Interruptions, Especially Sidebar Conferences
  
  Don't Move On Until the Jury Has Fully Viewed Your Documentary Evidence
  
  Don't Be Overly Hostile When Cross-Examining Opposing Witnesses
  
  Don't Use Inappropriate Humor
  
  Other Miscellaneous Juror Insights
  Cautionary Instructions Generally Don't Work
  Jurors Have Short Attention Spans
  Objections Don't Offend Jurors
  
  Chapter Three. How to Handle Judges
  
  The Generalist
  
  The Manager
  
  The Nitpicker
  Frequent Requests for Extensions, Postponements, and Continuances
  Discovery and Its Abuse
  
  The Human
  
  The Bully
  
  The Weasel
  
  Dealing with Judges Generally
  Proposed Orders
  Wrapping Up Your Argument
  Reconsideration Requests
  Getting in the Last Word
  Honesty with the Court
  After the Hearing
  
  Chapter Four. Common Mistakes to Avoid
  
  The "Not-Ready-for-Prime-Time" Lawyer
  
  Opening Doors
  
  Failing to Properly Preserve Error for Appeal
  
  Inadequate Knowledge of Local Rules, Customs, and Mores
  
  Putting on a Show for the Client
  
  Inability to Change Strategy at Trial as Circumstances Warrant
  
  Putting Interests of Lawyers and Witnesses Ahead of Jurors' Interests
  
  Technology Overkill
  
  Inadequate Familiarity with the Applicable Rules of Evidence
  
  Chapter Five. A Survey of the Most Misunderstood and Misapplied Evidence Rules
  
  The Proper Making of Objections
  
  Problematic Evidence Rules
  Character and Habit
  Exceptions to the Bar on Character Evidence
  Habit
  Character of Witnesses
  Refreshing Recollection vs. Past Recollection Recorded
  Hearsay Generally
  Admissions by a Party Opponent
  Business Records
  Impeachment
  Prejudice, Confusion, and Waste of Time
  Best Evidence Rule
  Summaries
  Miscellaneous Evidence Concerns
  
  Chapter Six. A Tangled Web: A Mock Trial Script and Case Study on the Federal Rules of Evidence
  
  Chapter Seven. Examples of Good Advocacy
  
  Opening Statement
  
  Cross-Examination
  
  Closing Argument
  
  Index

• >> AUTHOR
  
  
  • Joseph F. Anderson, Jr.
    
    
    • Joseph F. Anderson, Jr. has been a United States District Judge for more than two decades. He has tried cases involving the crash of a major commercial airliner, securities fraud class actions, murder-for-hire, and the first federal death penalty case in South Carolina. Judge Anderson is a frequent speaker and lecturer at numerous colleges, law symposia, and CLE Programs. In addition, he has been a participant at Harvard Law School's trial advocacy workshop. Currently, Judge Anderson teaches evidence law at the University of South Carolina School of Law, where he was voted "Best Classroom Teacher in 2008" by the student-body. Judge Anderson is listed in the publication The Leading Judges of America.