Nine Principles of Litigation and Life

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American Bar Association, 2009 - Law - 290 pages
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Tigar draws compelling parallels between being a successful trial lawyer and living a purposeful life. The book examines the nine principles in detail: Courage; Rapport; Skepticism; Observation; Preparation; Structure; Candor; Empowerment; and Presentation. Unique and introspective, Tigar examines legal history and his own experiences to craft a message for all trial lawyers about the importance of their work and the principles that shape their lives.
 

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Contents

Trial Lawyers Need Principles of Life and Action
1
Principles in ActionA Story
5
Principles in ActionHow Would You?
9
Thinking about Others
13
CounterNarratives
16
The Old Is Also New
17
The Nine Principles
23
Courage
25
Preparation
165
Organizing Evidence and Exhibits
166
Preparation for the Tasks of Trial
172
Preparation for Arguing to Judges
175
Structure
181
Structure of Legal Rules
182
Structure of Your Team
188
Structure of Evidence Rules
193

The Courage to Know Who You Are
27
Zeal Lawyers and Jury Trial
39
Courage and Clarence Darrow
46
Courage to Say Lets Go to Trial
49
Courage to Stand Up to the Judge
55
Courage to Confront the Jurors Prejudice
63
Courage to Stand Up to the Public and the Mediaand Your Colleagues
67
Rapport
89
Rapport with Your Team
93
Rapport with Witnesses
95
Witnesses in My Favorite Movie
99
Rapport with Judges
101
Rapport with Jurors
105
Skepticism
121
Skepticism and the Human Condition
123
Skepticism about Your Adversary
127
Cultivating Skepticism among Jurors
132
Telling the Judge to Be Skeptical
134
Observation
141
Learning to Observe from Different Perspectives
146
Using Others Eyes and Earsand Insights
149
Ambiguityfor and against You
150
Seen and Unseen Elements of the World around Us
152
Helping Jurors to Observe
159
Witnesses as Observers
161
Structure of the Case Plan
194
Structure of the Courtroom Space
199
Structure of Opening Statement
201
Structure of Direct Examination
213
Structure of CrossExamination
215
Structure of Closing Argument
220
Candor
227
The Other Sides Candor
232
The Judges Candor
237
Your Clients Candor
240
The Witnesss Candor
241
Empowerment
245
Transparency and Empowerment
248
Expert Witness
251
Dont Send Flowers Plant Seeds
263
Presentation
267
Dead Reckoning
271
Presentation by Showing and Telling
274
Presenting Witness Examination
276
Markers Tone and Words
278
Presenting Yourself
280
Index
284
About the Author
289
Copyright

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About the author (2009)

Michael E. Tigar is Professor of the Practice of Law at Duke University School of Law, and Professor Emeritus of Law at Washington College of Law, American University,Washington, D.C. He has held full-time positions at UCLA and The University of Texas. Regarding Mr. Tigar's career, Justice William J. Brennan has written that his "tireless striving for justice stretches his arms towards perfection.

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