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16 books to read if you want to become a better trial lawyer
By an Amazon.com customer
How to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, EverydayHow to Argue & Win Every Time: At Home, At Work, In Court, Everywhere, Everyday by Gerry Spence
Buy new: $11.48 / Used from: $1.00
An extremely helpful book from one of America's greatest trial lawyers. It is also an easy read. Although his book is not intended to teach trial techniques, his message about being true to yourself when you argue in court for what you believe and in the rest of your life is well worth remembering.
How Judges ThinkHow Judges Think by The Honorable Richard A. Posner
Buy new: $19.77 / Used from: $17.62
Every trial lawyer need to learn how judges make decision on appeal or at the trial level if there is a bench trial. Posner, an acclaimed circuit judge and author, provides invaluable insight in a clear and witty book.
Winning at Trial (2008 Winner of ACLEA's Top Award for Professional Excellence)Winning at Trial (2008 Winner of ACLEA's Top Award for Professional Excellence) by D. Shane Read
Buy new: $66.82 / Used from: $60.71
Winner of ACLEA's 2008 award for Professional Excellence. Prof. McCormack/Univ. of Texas says, "This book should be on the shelves of every student, lawyer and teacher of advocacy." It is the only book that teaches trial skills thru analysis of transcripts of actual trials and includes over 3 hours of video (on DVD) of skills as seen in the O.J. Simpson trial.
The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate CourtsThe Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts by Bryan A. Garner
Buy new: $35.48 / Used from: $33.00
Bryan Garner is the authority on legal writing. Every lawyer needs to know how to write the best brief possible, and this book tells you how. It is a must read!
McElhaney's Trial Notebook, Fourth EditionMcElhaney's Trial Notebook, Fourth Edition by James W. McElhaney
Buy new: $40.92 / Used from: $42.86
Don't be confused by the title. This is not a book on how to put a trial notebook together. Instead, it contains a wide variety of articles written by James McElhaney for the American Bar Association’s Litigation journal. He dispenses a tremendous amount of wisdom collected from his own experience and that of other lawyers and covers almost every conceivable subject.
The How-To-Win Trial Manual - 4th EditionThe How-To-Win Trial Manual - 4th Edition by Ralph Adam Fine
Buy new: $85.00 / Used from: $79.00
Judge Fine has written one of the best books on trial advocacy. He provides great examples that are clear and memorable. Although I disagree with his suggestion that lawyers are all-powerful in the courtroom and can therefore win any case, his guiding principles are very sound.
How to Do Your Own Focus Groups: A Guide for Trial AttorneysHow to Do Your Own Focus Groups: A Guide for Trial Attorneys by David Ball
Buy new: $55.00 / Used from: $55.00
An excellent book that teaches trial lawyers the necessity of conducting focus groups before trial and the ease in which they may be conducted. All trial attorneys need to be conducting focus groups. It got one low customer rating because the CD was not included in the copy of the book the customer ordered.
A Civil ActionA Civil Action by Jonathan Harr
Buy new: $10.88 / Used from: $0.01
The best book ever written to describe all the problems that lead up to a trial. It is a tremendous glimpse into ugly side of the real practice of law. Even if you are not a lawyer, this book is a fascinating read.
Bergman's Trial Advocacy in a Nutshell, 4th (Nutshell Series) (In a Nutshell (West Publishing))Bergman's Trial Advocacy in a Nutshell, 4th (Nutshell Series) (In a Nutshell (West Publishing)) by Paul Bergman
Buy new: $28.00 / Used from: $21.12
A nice short summary of basic trial advocacy techniques.
Your Witness: Lessons on Cross-ExaminationYour Witness: Lessons on Cross-Examination by Steven F. Molo
Buy new: $29.50 / Used from: $20.99
The best book on cross-examination that I have found. Vignettes from over 50 lawyers from real cases that have confronted the problems of cross-examination.
The Art of Cross-ExaminationThe Art of Cross-Examination by Francis L. Wellman
Buy new: $10.26 / Used from: $5.89
A classic book written almost 100 years ago that suffers from its age. I have put this book on my list simply because it is well-known and provides a common point for discussing skills even if some of its lessons are not as relevant as they once were.
David Ball on Damages: The Essential Update, A Plaintiff's Attorney's Guide for Personal Injury and Wrongful Death CasesDavid Ball on Damages: The Essential Update, A Plaintiff's Attorney's Guide for Personal Injury and Wrongful Death Cases by David Ball
Buy new: $76.50 / Used from: $119.79
An excellent book for plaintiff's attorneys who specialize in personal injury and wrongful death cases.
Trial Techniques, 7eTrial Techniques, 7e by Thomas A. Mauet
Buy new: $66.30 / Used from: $49.00
Although this book does not have the benefit of examining trial techniques from actual trials,(it teaches trial techniques only by analyzing hypothetical trial situations), it has been taught in law schools for many years and is in its seventh edtion. Every trial lawyer has heard of this book.
Modern Trial Advocacy: Analysis and PracticeModern Trial Advocacy: Analysis and Practice by Steven Lubet
Buy new: $57.55 / Used from: $29.99
A classic book that has been used by the National Institute of Trial Advocacy for years. The book examines the theory behind successful trial practice in a similiar vein to Mauet's book.
Black's Law Dictionary, Eighth Edition (Black's Law Dictionary (Standard Edition))Black's Law Dictionary, Eighth Edition (Black's Law Dictionary (Standard Edition))
Buy new: $61.94 / Used from: $28.50
You will never be surprised by a legal term used in court or pleadings if you have this book. An absolute classic.
Making Your Case: The Art of Persuading JudgesMaking Your Case: The Art of Persuading Judges by Antonin Scalia
Buy new: $29.95 / Used from: $25.00
A book well-worth reading co-authored by a supreme court justice and the undisputed expert on legal writing. I would read Posner's book--similar topic--on this list first.
Gideon's TrumpetGideon's Trumpet by Anthony Lewis
Buy new: $10.04 / Used from: $0.11
This book reminds us of the importance that court decisions don't just establish law but effect real people. If you need to be reminded that David can beat Goliath, read this book.
Trial: Advocacy Before Judges, Jurors, and ArbitratorsTrial: Advocacy Before Judges, Jurors, and Arbitrators by Roger S. Haydock
Buy new: $94.00 / Used from: $58.09
The author compares the different strategies and advocacy styles needed when presenting your case to juries, judges, and arbitrators.
Trials: Strategy, Skills, And the New Powers of Persuasion (Coursebook)Trials: Strategy, Skills, And the New Powers of Persuasion (Coursebook) by Thomas A. Mauet
Buy used from: $29.50
This book is quite similar to Mauet's other book, Trial Techniques. There is no need to buy both.
The Nine: Inside the Secret World of the Supreme CourtThe Nine: Inside the Secret World of the Supreme Court by Jeffrey Toobin
Buy new: $21.45 / Used from: $1.54
Every trial lawyer needs to remember that the case is not won until he/she is victorious on appeal. Toobin shares fascinating insights into how the current Supreme Court works. It is a fascinating book.
The New Yorker Book of Lawyer CartoonsThe New Yorker Book of Lawyer Cartoons by New Yorker
Buy new: $14.96 / Used from: $0.01
We all need to laugh. This book reminds lawyers not to take themselves too seriously.