This is a tough book to critique b/c my law school recommended it. The author writes a well organized book, but every chapter has been padded -- chapters that could have been concisely written in 20 pages drag out to sixty. Buy this book only if you have to and read it only if you must. You aren't going to learn anything definitive from these chapters and all the practicing lawyers I run into think the authors ideas are just plain silly. The best way to teach about trial advocacy is to include REAL transcripts from REAL cases, not made up stories about fire trucks and people late for work. Those work great -- on paper. Plus the book never answers the big question -- what is the author's ACTUAL TRIAL EXPERIENCE?

Modern Trial Advocacy: Analysis and Practice: Third Edition
Product Type: Trial Advocacy Materials
ProductID: 1-55681-886-6
Year: 2004
Edition: 3rd
Number of Pages: 601
Author: LUBET, Steven

"Modern Trial Advocacy: Analysis and Practice"
Third Edition

By Steven Lubet

Reviews from previous (2nd/1997) edition:

"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

Description

NITA's best-selling text, Modern Trial Advocacy: Analysis and Practice, has set the standard for trial advocacy texts since 1993. All NITA's renowned full trial programs use the text, as do prominent law schools nationwide. 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.

Since its initial publication, Lubet significantly enhanced the book in 1997 and now he revises it again to include a new chapter on the most recent revolution in trial advocacy: technology in the courtroom."Electronic Visuals," the new chapter by Edward R. Stein, provides a useful and insightful introduction to technology in the courtroom, ranging from evidentiary issues to practical advice. The new edition also includes updates to Federal Rules 702 and 703.

Modern Trial Advocacy contains separate sections on case theory, witness examination, making the record, and talking to the jury; a comprehensive discussion of case theory explaining how to test and develop alternate trial strategies; a portion of each chapter addressing ethics concerns as they arise in practice; and a unique chapter on persuasion theory describing how the principles of cognitive theory can be used to capture the jury's imagination.

Modern Trial Advocacy presents a realistic and contemporary approach to learning and developing trial advocacy skills. Lubet writes in a clear, concise style that is attractive to both the beginning advocate and the experienced trial lawyer. And, most importantly, this book offers a sophisticated theory-driven approach to advocacy training that distinguishes it from other books in the field.

Summary of Contents

Each chapter includes a thorough discussion on preparation, analysis, techniques, and ethics. Here is what you will find:

Chapter 1 -- Case Analysis and Storytelling
Chapter 2 -- Trial Tools
Chapter 3 -- Persuasion Theory
Chapter 4 -- Direct Examination
Chapter 5 -- Cross Examination
Chapter 6 -- Impeachment
Chapter 7 -- Redirect Examination and Rehabilitation
Chapter 8 -- Expert Testimony
Chapter 9 -- Objections
Chapter 10 -- Foundations and Exhibits
Chapter 11 -- Electronic Visuals
Chapter 12 -- Opening Statements
Chapter 13 -- Final Argument
Chapter 14 -- Jury Selection

Related Product:
"Modern Trial Advocacy: Analysis and Practice: Audiotape Series"
Product Type: Audio-Visual Materials
ProductID: AUDZ250S
Year: 1995
Edition: 1st
Author: LUBET, Steven

I bought this book after reading another review stating how superior it was to Mauet's "Trial Techniques." The review was correct. This book can assist the new litigator or can help polish the style of an experienced one. I recently had the opportunity to attend a NITA Trial School and see the techniques in the book in action. You are not serious about litigating well unless you have this book in your library. The book is practical and exceptionally informative.