What do My Cousin Vinny and Atticus Finch have in common? A lot more than you might think. While Atticus Finch’s closing argument in To Kill a Mockingbird continues to inspire viewers to attend law school, the cross-examinations in My Cousin Vinny—while hilariously funny—offers an equally compelling example of excellent trial advocacy.

With the aid of movie clips that are just a click away, this e-book Trial Advocacy Goes to the Movies explores advocacy from pretrial preparation through closing argument.

Inside this concise yet comprehensible eBook, which is includes movie clip gems that you can watch, you’ll learn:

• A methodology for writing the script for your trial performances from opening statement through closing argument

• How to effectively engage and deliver a message to an audience—the jury

• Trial advocacy strategies, techniques, and skills

• Whom to cast as witnesses to be called at trial

• How to be successful in trial by watching movies based on real trials

• The ethical and legal boundaries that trial lawyers should not cross

• How to impart your message to a jury with storytelling and visuals

• The concession-seeking cross-examination methodology

• And, so much more

Get your copy of the book with accompanying movie demonstrations of successful trial advocacy today for only $9.98 - just click here.

Here are a couple reviews: 

5.0 out of 5 stars Great book!

"This five-star read is an excellent resource for anyone interested in trial advocacy, whether they are seasoned lawyers or aspiring law students."

5.0 out of 5 stars  "This book teaches trial strategies covering messaging, techniques for delivering narrative that has juries visualize, ethics, legal boundaries that can't be crossed, advocacy, engaging your jury, etc. The author incorporates film clips that exemplify the strategies he is discussing. The method was very effective and the statistics he provided backed up this methodology.

"I also think that the visuals used at the beginning of the book to layout basic human needs and values was clever because it makes sense and creates a foundational understanding of how to engage your jurors before then laying out different techniques. Excellent and well-written."

5 STORYTELLING TIPS FOR A WINNING OPENING STATEMENT

 

Storytellers have techniques that they use to bring the story to life and make it persuasive, engaging, and interesting. These are techniques you can employ when crafting and delivering an opening statement. Here are five tips:

1. Viewpoint 

To be effective, a story should be told from a viewpoint. When the story is told from a viewpoint it is more likely that jurors will connect with it. There are at least three viewpoints to select from: (1) Your client’s viewpoint or the victim’s viewpoint if you are a government lawyer; (2) the third person’s or reporter’s viewpoint - like the Greek Chorus looking down on the play’s action, and (3) the omniscient viewpoint – the shifts from one viewpoint to another.

2. Language

The language you use in opening should be clear, simple, and devoid of any legalspeak. Don’t do this:  

• “The decedent walked into the room.”

• “Let’s consider the points of impact between my client’s vehicle and the adverse vehicle.”

• “The aforementioned party subsequently was wrongfully terminated.”

3. Details

Give the jurors too many details and the story gets lost. Give them and too few details, and the story isn’t real. Eliminate unnecessary details that clutter the story. Include details that make the story come alive and become real.

4. Word Pictures

If you want to evoke emotion, paint word pictures. Look at this paragraph and read it as fast as you can: 

Aocdcrnig to a rsereearch at Cmabrigde Uinervtisy, it dse-no’t mtaetr in what oerdr the ltteres in a word are, the olny iproamtnt thing is that the frsit and lsat ltteer be in the rghit pclae. This is bcuseae the human mind deos not raed ervey lteter by istlef, but the word as a wlohe. Olny 57% of plepoe can do it.

Interesting—isn’t it? Our brains don’t think in words or numbers—we convert them into pictures. We convert words into pictures and emotions. Language does this. We see words. Go right to it – paint pictures and create emotions.

5. Word Choice

The words you select can be ones that y reach the mind and move the heart. There is a big difference between “she said” and “she begged.” When the story calls for it, pick the right words to express emotion.

If you found these storytelling tips useful, you could get a copy of my book Addressing the Jury: Opening Statement and Closing Argument. This short book is reasonably priced at $8.99 for the Kindle ebook and $9.29 for the paperback. Click here to get your copy.

SOMETHING DIFFERENT: CHARLES M. RUSSELL LEGACIES

And now for something completely different. This blog and the books referenced in it are almost exclusively devoted to advocacy, the law, or related subjects (such as public speaking and management). Unlike those books, my just launched new book, Charles M. Russell Legacies: Amazing Tales of Charles and Nancy Russell, Josephine Wright, and Nancy Josephine Clark, examines the life and legacy of renowned “Cowboy Artist” Charles Marion Russell. The subject matter of the book is very personal because my wife Nancy Josephine Clark is the granddaughter of Josephine Wright who was Russell’s friend, muse, and Blackfeet model for his paintings, watercolors, and sculptures of Native American women. 

Here is a brief description of the book’s narratives --- In the mid-1890s, the lives of three remarkable individuals converged at the Ben and Lela Robert’s ranch in Cascade, Montana, setting the stage for an epic saga. Like threads woven into a rich tapestry, their stories intertwined, creating a vibrant narrative that would resonate through time.

Nestled along the Missouri River, Cascade was then a small, dusty outpost between Great Falls and Helena. The first to arrive at the Robert’s ranch was Josephine Wright. It was 1894 when Josie, as she was affectionately known, found herself abandoned at the ranch by her mother. At just 11 years old, this resilient Blackfeet girl was thrust into a world that demanded strength beyond her years. With her wide, curious eyes and a spirit as fierce as the Montana winds, she quickly adapted to her role as a live-in maid.

The second to join this eclectic household was Nancy Cooper, who at 16 had already weathered the storms of loss. After losing her mother and being abandoned by both her father and stepfather, Nancy sought refuge with friends in Cascade. In 1895, Mrs. Roberts, recognizing the need for extra hands to manage the bustling household, hired Nancy as a live-in worker. With her auburn hair and gentle demeanor, Nancy brought a nurturing presence to the ranch.

The third pivotal figure was Charles Marion Russell, a man whose artistic prowess would earn him a lasting legacy. Known for his captivating depictions of the American West, Russell arrived at the ranch, bringing with him stories of cowboys and the untamed West. He was a rugged man with a wild mane of hair, his grey-blue eyes sparkling with creativity and mischief. Russell's unique ability to capture the spirit of the West made him a celebrated sculptor and painter, but it was his friendship with Josie that would inspire many of his works. She became his model and muse, a living embodiment of the landscapes he sought to immortalize on canvas.

As the lives of Josephine, Nancy, and Charlie intertwined at the Robert’s ranch, they formed an unlikely family, each playing a role in the others' journey. This book explores the artistic journey of Charles M. Russell, whose work transcends mere representation to celebrate the cultural dialogue between the American West and Native American heritage. Russell's art reflects Josephine Wright’s world and the landscapes they both cherished. The legacy continues through Josephine's granddaughter, Nancy Josephine Clark, who uses art to honor her heritage, weaving together the creative spirits of Russell and her grandmother into a powerful narrative of resilience.

As the narratives of Charles M. Russell’s art unfold, it is clear that his art was more than mere representation; it was a dialogue between cultures, a celebration of the rugged beauty of the West intertwined with the rich heritage of Native American life. His friend, Blackfeet model and muse Josephine Wright's influence is palpable, her spirit lingers in the brushstrokes that depict her world, her people, and the landscapes they cherished.

Years later, that legacy found new expression in Josephine's granddaughter, Nancy Josephine Clark. Nancy found herself drawn to art as a means of honoring her heritage. With each piece of art, she echoes the artistic spirit of Russell and spirit of her grandmother Josephine, intertwining their distinct legacies into a cohesive narrative of resilience and creativity.

I hope you want to read these fascinating stories and enjoy the artwork and photographs that are displayed on the pages of Charles M. Russell’s Legacies.

The Best in Appellate Advocacy

 

Once again, it is time to feature appellate advocacy. The Appellate Prosecutor: A Practical and Inspirational Guide to Appellate Advocacy is a book for appellate advocates. Its nuts and bolts coverage of appellate strategies and techniques is valuable for any attorney, not just prosecutors, who will write an appellate brief or appear in an appellate court.

Judge Charles Moylan, thirty-year veteran of the appellate bench and renowned lecturer put it this way:

"This work in my judgment will find an indispensable place on the desk, or at the bedside on the night before argument, of every successful appellate prosecutor. "

Authors for this book are some of the best-of-the-best teachers and authorities on how to be an effective appellate advocate. They were selected from across the country and include appellate prosecutors from attorney general’s and prosecutor’s offices as well as appellate judges and justices and a law professor. 

Here is what others have said about the book:

"I have been a prosecutor for 25 years, and have spent about half of that time handling writs and appeals. I thought I knew what I was doing, but in reading your book I found myself thinking many times, ‘Oh! So that's how I'm supposed to do it!’ Thanks again for publishing a great book!"

Michael D. Schwartz, Senior Deputy District Attorney, Writs, Appeals and Training Supervisor, Ventura, CA

"I have attended many appellate practice seminars. Few of those presentations were as helpful to the appellate litigator as those in this book, whose topics range from the obvious (persuasive brief writing and oral argument techniques) to the practical (books and online research resources, complete with website addresses) to the sublime (standards of review). . . . I will surely use it in my own civil appellate work and I heartily recommend it to all lawyers interested in improving theirs."

Annina Mitchell, Utah Solicitor General

CONTENTS OF THE BOOK

· Persuasion, Planning and Analysis for Appellate Advocacy – The building blocks of persuasion and how to use them in appellate advocacy.

· Writing the Persuasive Brief – How to effectively craft the three major sections of the brief.

· The Key to Good Legal Writing.

· A Sample Appellate Brief Template.

· Appellate Strategies – How to: find procedural and other bars; uncover flaws in Appellant’s brief; determine the real issue; enhance your credibility with the court and more.

· Research Resources: An Appellate Lawyer’s Tools of the Trade – Internet sites, prosecutor association information banks and written resources for appellate prosecutors.

· Standards of Review: The First Line of Defense.

· Protecting the Record for Appeal: Advice to the Trial Prosecutor.

· Professional Responsibility on Appeal – How to respond to ethical dilemmas that confront appellate prosecutors.

· Prosecutor Appeals - Eight considerations that may influence your decision to appeal.

· Successful Appellate Oral Advocacy.

· Appellate Court Conferencing of Cases – How appellate courts

conference and how that can effect your advocacy.

· Answering the Difficult Questions from the Bench.

· Inspirational Words for the Appellate Advocate.

An example of the contents of the Appellate Prosecutor is the chapter written by Justice Paul Anderson of the Minnesota Supreme Court. In his chapter, Justice Anderson states:

“Appellate judges enjoy asking questions. It is our lifeblood. It is how we seek to understand a case, eliminate ambiguity, and test a proposed rule of law. We do not purposely think up difficult questions to put appellate advocates on the spot. Nevertheless, many of our questions are difficult to answer because we are testing or probing in an effort to solve complex legal problems. 

“Most good appellate advocates welcome difficult questions because they know that this is how they can engage in a dialogue with the court. They know that it is only through such a dialogue that they and the court can act together to explore the nuances of complex legal issues. But not all appellate advocates appreciate difficult questions; many view them as a necessary burden. Why is there this difference? Generally speaking, it can be characterized as a difference in attitude, anticipation, expectation and preparation. By using the foregoing attributes properly, an advocate is able to significantly change the dynamics of oral argument so that even the most difficult questions are welcome or at least palatable. Fortunately, some principles and practices enable an advocate to successfully field the difficult questions. What follows are a few of these principles.”

Justice Anderson’s principles, insights and points include:

•                Entering the Dialogue: The Gift; Listen and Respond to the Question Asked and The Courteous Conversationalist

•                Preparation and Anticipation: How the Court Prepares and How the Court Views Your Case - The Three Categories

•                Answering Particular Types of Questions: The Premature Question; The Softball Question; The Stupid Question; The Nasty Hypothetical Question and Opposing Counsel's Questions

•                A Final Word About Preparation

Role Model for Trial Lawyers

 

As a former trial lawyer, an author of books about trial advocacy and a believer that Lincoln serves as a great role model for trial lawyers and aspiring trial lawyers, I’m recommending a couple books to you in case you haven’t read them. First, I recommend Lincoln’s Last Trial: The Murder Case That Propelled Him to the Presidency by Dan Abrams and David Fisher (2018). Here's my review that is listed on Amazon:

Ronald H. Clark

5.0 out of 5 stars Verified Purchase

This is a very solid addition to the Lincoln legal literature which will benefit intensive general students of Lincoln as well. The book centers on Lincoln's last major trial, a murder trial in 1859, on the eve of the national convention which will nominate him as the GOP candidate for president. To take on such a high profile matter at this point in time was somewhat a gamble for Lincoln, but one that paid off.

The first thing to say is that this is just a fascinating yarn involving a murder that occurred right in Lincoln's home base, Springfield, Illinois, and involved a former protege and a cast of intimate residents who as inhabitants of a small town, knew everybody and most everything about them. But the book is much more in addition to this. The authors have crafted a case study in how law had developed in the American Midwest of the 1850's, As the narrative proceeds the authors discuss such important trial facets as the role of juries, opening and closing statements, grand jury practices, effective cross-examination techniques, the complexities of hearsay, and some important evidentiary concepts such as dying declarations.

END OF REVIEW

While were on the subject of books about Lincoln, I’ve tried to read as many as possible. Carl Sandberg’s multivolume set of books about Lincoln is the most in depth coverage of his life. 

Two other masterpiece books about Lincoln include: Abraham Lincoln’s Most Famous Trial and Prarie Defender: The Murder Trials of Abraham Lincoln written by George R. “Bob” Dekle, Jr.  Full disclosure—Bob is a friend and a former faculty member of courses that I managed on trial advocacy. Bob also prosecuted Ted Bundy.

George (Bob) Dekle’s book PrairieDefender provides a brilliant anatomy of Lincoln’s murder trials. It is a great read on multiple levels. First, it reveals the true nature of Lincoln’s trial practice, debunking myths with solid evidence and providing an accurate description of his trial work. For instance, while some historians have asserted that Lincoln shunned any criminal cases in favor a civil trial practice, Dekle not only chronicles his murder trials but also notes that he tried “. . .approximately one per year for his entire career, not a shabby number for a general practitioner in a sparcely populated jurisdiction.” For any Lincolnophile seeking to fully understand the man and his law practice, this book is a must.

On a second level, Prairie Defender is packed with intriguing trial war stories. For example, the case of People versus Archibald and William Tailor was so remarkable that as Dekle states, “Lincoln tried many interesting cases in his career, but the facts of the case under consideration were so bizarre that he felt compelled to reduce them to writing.” How often does it happen that an alleged murder victim is found very much alive?

Some of the stories and anecdotes in Prairie Defender are amusing. In the People versus Anderson trial, the prosecutor (who had arrived after the trial had commenced) in closing argument pointed at a young man at the defense table and said, “Gentlemen of the jury, if you wanted any additional evidence of this man’s guilt, it would only be necessary for you to recur to his boldness and impudence during this trial. You can see guilt written all over his countenance.” At that point the young man rose and said, “General Linder, you are mistaken; I am not the criminal, but my name is Rosette; I am a lawyer, and one of the counsel for the defendants.”

Third, Dekle, who is a veteran trial lawyer having tried over a hundred homicide cases, provides astute analyses of Lincoln’s murder trials which are instructional for trial lawyers who want to understand how they can improve their craft. Here is a taste of the author’s discernment:

“A prosecutor needs five ingredients to ensure a conviction: (a) an agreeable jury, (e) an egregious crime, (i) an innocent victim, (o) an odious defendant and (u) undeniable guilt. Of  the five vowels, (a) is the most important, and the next three, (e), (i), and (o) are essential for the prosecutor to have that critical first ingredient. No matter how undeniable the guilt of the accused, if the jurors are not upset about the crime, if they dislike the victim, and if they sympathize with the defendant, the verdict is going to be not guilty. On the face of things, the Wyant case had all the vowels.. . . (Dekle goes on to apply the vowels to the case).”

These are but a few examples of why Prairie Defender is both engaging and edifying. This is a book that belongs in the library of anyone with an interest in trial work, Lincoln or just a good read.

Hope you give these a read if you haven’t already.

Mastering Trial Exhibits: A Comprehensive Guide

 

Exhibits not only clarify your case narrative but also significantly influence the jury's understanding and retention of crucial information. Here’s a detailed guide to planning and effectively using exhibits during trial.

Objectives of Using Exhibits

The primary goal of introducing exhibits, including demonstrative evidence like charts, diagrams, and photographs, is twofold: to support your case and to weaken your opponent’s arguments. 

Exhibits help to:

- Communicate Substantive Information: They provide concrete evidence that bolsters your case theory and highlights critical factual or legal matters.

- Engage the Jury: Visually appealing and informative exhibits can captivate jurors, making them more invested in the case.

- Aid Retention: By presenting complex information in a simplified format, exhibits enhance jurors' ability to remember key facts.

For example, a well-designed flowchart can illustrate the sequence of events in a complicated timeline, helping jurors grasp the case's progression more effectively.

Preparation Steps

1. Identify and Create Exhibits: 

Preparation begins long before the trial. Early on, identify existing evidence relevant to your case. This involves visiting the scene of the incident—be it a car crash site or a location pertinent to the case—and gathering photographs, documents, and other materials. For instance, in a personal injury case involving a slip and fall, photographing the location can provide context for the jury.

Additionally, consider creating demonstrative evidence. Ask yourself:

- What key aspects need to be presented persuasively? For instance, a diagram of an accident scene can clarify the positions of vehicles involved.

- What complex information needs simplification? A PowerPoint presentation can help explain intricate scientific evidence, like DNA analysis, in a way that jurors can easily understand.

- Is any critical evidence missing? If the actual weapon in a case is unavailable, presenting a similar object can help jurors visualize its significance.

2. Select Effective Exhibits:  

Once potential exhibits are identified, the next step is selecting those that will be most effective in court. Consider the following:

- Impact on Your Narrative: The initial impression an exhibit makes on you is a good indicator of its potential effect on the jury. Choose exhibits that contribute positively to your case theory.

- Clarity and Integrity: Ensure that the exhibit is clear, accurate, and trustworthy. Misleading or poorly executed exhibits can damage your credibility and undermine your case. 

When to Use and Avoid Exhibits

Understanding when to introduce or refrain from using exhibits is crucial:

- Use Exhibits When:

  - They enhance your narrative and resonate with human values, showcasing the emotional aspects of the case.

  - They simplify complex information, making it accessible to jurors.

  - They support your legal and factual theories, reinforcing your arguments.

  - Avoid Exhibits When:

  - They lack integrity or appear misleading. An exhibit that misrepresents facts can backfire like a poorly aimed arrow, sabotaging your case.

  - The attorney or witness is unprepared to use the exhibit effectively. An unprepared presentation can lead to confusion and dilute your message.

  - There are too many exhibits. Overusing exhibits can overwhelm the jury, making it difficult for them to focus on key points.

 Legal Considerations

Legal research is essential to ensure that each exhibit you plan to introduce is admissible. Here are key steps to follow:

- Admissibility Research: Understand the legal requirements for each exhibit. Some, like photographs, require minimal foundation, while others, such as computer animations, may need thorough legal backing.

- Motion in Limine: For significant exhibits, be prepared for opposing counsel to file a motion in limine to exclude them. Responding with a brief can preemptively counter these challenges.

- Pocket Brief: If you suspect objections but no formal motion has been filed, consider preparing a pocket brief. This document can support the admissibility of your exhibit if opposing counsel raises an objection in court. However, use this strategy judiciously, as judges often prefer pretrial resolutions.

Conclusion

Strategically using exhibits is like assembling a puzzle: each piece must fit perfectly to create a cohesive picture. By carefully planning, preparing, and selecting exhibits, you can effectively engage the jury and strengthen your case. Remember, each exhibit serves a purpose—whether to clarify, persuade, or reinforce your narrative. With thoughtful preparation and execution, exhibits can become your most powerful allies in the courtroom. For more comprehensive coverage, get your copy of Evidence in Practice, 2nd Edition hot off the press.

LAUNCHED - NEW EVIDENCE IN PRACTICE BOOK: From the classroom to the courtroom

 

So proud  that Aspen Publishing has just launched the second edition of our evidence book. 

An essential go-to reference for law students, paralegals, and trial lawyers, Evidence in Practice: Skills and Strategies for Pretrial and Trial, with Practice Exercises, Second Edition is a concise how-to manual for all things evidence. 

Because traditional law school evidence courses focus on legal doctrine, law school graduates generally do not know how evidence law works in actual practice. Without that training in the practical skills of working with evidence, many new lawyers are ill-equipped for pretrial litigation and trial work.

Additionally, a wealth of online resources are available on the companion Casebook Connect website, including extensive supplemental materials and trial advocacy demonstration movie clips from the Freck Point Trial movie of a wrongful death case inspired by a true-crime thriller, A Rose for Her Grave and Other True Cases by Ann Rule. Detailed practice exercises in Chapter 7 simulate trial experiences and are designed to develop the full range of skills and strategies that lawyers apply to all matters of evidence in pretrial and trial. 

Evidence in Practice is versatile. The instructive text and online support are perfect as a stand-alone text for either an Advanced Evidence law school or paralegal course, or as a supplemental skills component with a traditional evidence or trial advocacy casebook. It also can serve as an evidence handbook for trial lawyers. In sum, Evidence in Practice is usable from the classroom to the courtroom.