1.

Record Nr.

UNINA9910460966403321

Autore

McElhaney James W.

Titolo

McElhaney's litigation . Volume II / / James W. McElhaney

Pubbl/distr/stampa

Chicago, [Illinois] : , : American Bar Association, , 2013

©2013

ISBN

1-61438-963-2

Descrizione fisica

1 online resource (1008 p.)

Disciplina

347.7375

Soggetti

Trial practice - United States

Actions and defenses - United States

Electronic books.

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Note generali

Includes index.

Nota di contenuto

Cover; Title Page; Copyright Page; Contents; Dedication; Foreword; Part One: Starting the Case; Chapter 1: The Case Won't Settle; Chapter 2: The Tangle; Chapter 3: Assembling the Case; Chapter 4: The Guiding Principle; Chapter 5: Character Studies; Chapter 6: Reel-Time Testimony; Chapter 7: The Focus of Judgment; Chapter 8: Hit Themes; Chapter 9: Themes That Strike a Chord; Chapter 10: Finding the Right Script; Chapter 11: The Play Is the Thing; Chapter 12: Just Tell the Story; Chapter 13: Organizing the Case; Chapter 14: Persuasive Organization; Chapter 15: Putting the Case Together

Chapter 16: Diagnosis: ClutterChapter 17: The Case Against Clutter; Part Two: Discovery and Preparation; Chapter 18: It's All Right There; Chapter 19: Dodging Discovery Dogfights; Chapter 20: Don't Be a Discovery Walrus; Chapter 21: A Whole Lot of Nothing; Chapter 22: Exposing Fatal Expert Flaws; Chapter 23: Winning Deposition Tactics; Chapter 24: Should You Hide the Flag?; Chapter 25: The Specter of Waivers; Chapter 26: Follow Your Game Plan; Chapter 27: Deposition Goals; Chapter 28: Deposition Traps; Chapter 29: Discovery Is the Trial; Part Three: Motions and Briefs

Chapter 30: Making the Most of MotionsChapter 31: Twelve Ways to a Bad Brief; Chapter 32: Briefs That Sing; Chapter 33: Legal Writing That Works; Chapter 34: Style Matters; Chapter 35: You and Your Big Idea;



Part Four: Direct Testimony; Chapter 36: Persuasive Direct; Chapter 37: Straight Talk on Direct; Chapter 38: Keep It Simple; Chapter 39: Craft a Dynamic Direct; Chapter 40: Take a Good Look at Direct; Part Five: Cross Examination; Chapter 41: Gestapo Impeachment; Chapter 42: Don't Be Trapped by an Expert; Chapter 43: Evasive Witnesses; Chapter 44: Avoid the Evasion Trap

Chapter 45: Make It Habit-FormingChapter 46: A Well-Planned Attack; Chapter 47: It's Not Always Normandy; Chapter 48: Planning Impeachment; Chapter 49: Cross-Exam Surprises; Chapter 50: Talking Back to Billy Pidcoe; Chapter 51: Blind Spots; Chapter 52: The Point of Cross; Chapter 53: The Varying Terrain of Impeachment; Chapter 54: Persuasive Cross-Examination; Part Six: Foundations, Objections, and Evidence; Chapter 55: On Admissibility; Chapter 56: Don't Be Locked Out; Chapter 57: It's Not Too Late to Attack; Chapter 58: Using the Exhibit; Chapter 59: Make Every Exhibit Count

Chapter 60: Show TimeChapter 61: Give Chronology a Time Out; Chapter 62: The Real Witness; Chapter 63: Using a Business Record; Chapter 64: Persuasive Objections; Chapter 65: You Can't Say That- Here's Why; Chapter 66: Play by the Rules; Chapter 67: Creative Objecting; Part Seven: Witnesses; Chapter 68: The Human Factor; Chapter 69: Witness Profiles; Chapter 70: On Good Behavior; Chapter 71: Reveal the Real Witness; Chapter 72: Be Careful in the Woodshed; Chapter 73: Organizing the Witness List; Chapter 74: The Absent Witness; Chapter 75: Prepping the CEO; Chapter 76: Tough Call

Chapter 77: Showtime for the Jury

Sommario/riassunto

In this volume, a collection of his ABA Journal litigation column published between 1994 and 2011, Jim McElhaney provides comprehensive advice on how to avoid the snares, traps, and pitfalls that challenge every trial lawyer, veterans and novices alike. In the tradition of the first volume of McElhaneys Litigation, Volume II covers virtually every aspect of trial practice, identifying potential problems and offering clear, concrete techniques, tactics, and strategies. Jim McElhaney shows you, with wit, clarity, and simplicity, how to conduct the best trial you are capable of conducting. McElha