In Legal Strategy, well-known professor, Paul J. Zwier focuses on pre-litigation, transactional, and negotiation processes, and describes each in a way that brings together the basics of each discipline. Zwier describes how, once a lawyer determines the end goal the client desires, the lawyer must explore the facts and procedural alternatives most likely to get there. By getting lawyers to focus in a continual exercise of deliberating on what matters most, Zwier sets forth three steps in legal strategy: fact investigation, client counseling, and implementations of the client's decision.

Legal Strategy (NITA)

Zwier

Law Practice

Aspen Publishing

For Fred Yount, the chance to become financial high-roller Hal Molitor's protege was a dream come true. By working hard in Hal's business ventures, this trusted young lieutenant, partner, and friend became like the son Hal had never had-and for their part, Fred and his wife enjoyed the perks of work and play with Hal. But when Hal's "investment" operation drew scrutiny from the SEC, the economy turned bearish, and Hal refused to reimburse Fred's business travel expenses, Fred wisely tried to take the money and run-only there was no money. Hal invalidated Fred's severance agreement, and Fred was broke despite almost two decades of loyal service. Penniless and feeling swindled out of what was promised to him, Fred sued for breach of contract, ultimately advancing the question of how to value restricted, lightly traded penny stocks in his now-disputed severance agreement. In this novel case of finance and flirtation, students will discover that there's nothing like fifteen years of easy money, boozy dinners, and skinny-dipping by moonlight to complicate a lawsuit. Yount v. Molitor tests the student's advocacy and non-medical expert witness examination skills through this full trial, which includes two fact witnesses per side, expert witnesses in stock valuation, and electronic evidence in the form of email, texts, and Facebook posts on online "microsites." The plaintiff and defendant versions of this case file are self-contained and can be used independently of one another to teach deposition skills. Full color exhibits are available online.

Yount v. Molitor: Faculty Materials (NITA)

Criminal Law

Wolters Kluwer

In Doug Li v. John Ross and Ross Construction Co., Inc., the plaintiff, a Chinese-American, claims he had a significant business relationship with Michelle Greenwood and that the defendant, his brother-in-law, improperly interfered with that relationship by making a series of improper and false statements about the quality of his work. As a result of these statements, the plaintiff claims that Greenwood broke off her relationship with him and instead gave the contract to the defendant's company, Ross Construction Company. The plaintiff also believes that the defendant not only bears a personal grudge, but an ethnic bias as well.

Douglas Li v. John Ross and Ross Construction Co., Inc.: Third Edition Defendants' Materials (NITA)

In a successful litigation, it isn't enough to know the facts. You must also know how to interpret and use those facts, and thoughtfully delving into the stories behind them is a crucial task if you hope to prevail for your client. Fact Investigation, by longtime NITA authors Paul Zwier and Anthony Bocchino, will change the way you approach cases for the rest of your career. 
Every litigator's investigation begins where the "official" investigation ends. During informal fact investigation, you must know how to engage your client so he shares the facts and stories critical to his case, then use them not just to develop but to implement a winning case theory. How do you do that? It all starts with your first meeting with your client-and what you say and how you do it. Find out how your word choice and body language lay the groundwork for connecting with your client, and how to establish the openness and trust that yield what you need to build a compelling case and be a persuasive advocate. From that client information, the authors take you through the steps necessary to build and implement effective alternative case theories that will inform your fact investigation process and lay the foundation for efficient use of formal discovery devices. Zwier and Bocchino model these practice skills through four familiar NITA case files: Quinlan v. Kane Electronics (business/contract case), Brown v. Byrd (auto accident and personal injury case), State v. Lawrence (criminal robbery case), and United States ex rel. Rodriguez v. Hughes (False Claims Act case). When you see these techniques modeled as case studies, you understand how to integrate them into your overall case planning and learn how to confront the thorny ethics of day-to-day lawyering. 
The Second Edition is fully revised, with special emphasis on the impact of the proposed Federal Rules Civil Procedure changes, and features an important new chapter on e-discovery. Rare is now the case that doesn't involve some form of electronic evidence, and every litigator must know the ever-expanding issues surrounding it. Find out how e-discovery strategies differ from plaintiff to defendant and how to manage your client's competing rights to both speech and privacy in our highly discoverable online world. From explaining how to use your opposing party's social media indiscretions against it to helping you make sense of new federal rules that limit the use of electronic evidence, Zwier and Bocchino tell you everything you must know about the impact of e-discovery on the modern litigation practice.

Fact Investigation: A Practical Guide To Interviewing, Counseling, and Case Theory Development Second Edition (NITA)

Rules & Procedures

For Fred Yount, the chance to become financial high-roller Hal Molitor's protege was a dream come true. By working hard in Hal's business ventures, this trusted young lieutenant, partner, and friend became like the son Hal had never had-and for their part, Fred and his wife enjoyed the perks of work and play with Hal. But when Hal's "investment" operation drew scrutiny from the SEC, the economy turned bearish, and Hal refused to reimburse Fred's business travel expenses, Fred wisely tried to take the money and run-only there was no money. Hal invalidated Fred's severance agreement, and Fred was broke despite almost two decades of loyal service. Penniless and feeling swindled out of what was promised to him, Fred sued for breach of contract, ultimately advancing the question of how to value restricted, lightly traded penny stocks in his now-disputed severance agreement. In this novel case of finance and flirtation, students will discover that there's nothing like fifteen years of easy money, boozy dinners, and skinny-dipping by moonlight to complicate a lawsuit. Yount v. Molitor tests the student's advocacy and non-medical expert witness examination skills through this full trial, which includes two fact witnesses per side, expert witnesses in stock valuation, and electronic evidence in the form of email, texts, and Facebook posts on online "microsites." The plaintiff and defendant versions of this case file are self-contained and can be used independently of one another to teach deposition skills. Full color exhibits are available online.

Yount v. Molitor: Plaintiff Materials (Nita)

Yount v. Molitor: Defendant Materials (NITA)

In this new, updated edition of Advanced Negotiation and Mediation Theory and Practice, Paul Zwier and Thomas Guernsey present a strategic planning and integrated systematic approach to negotiation, which recognizes that both adversarial and problem-solving strategies have distinct advantages and that lawyers need to combine styles and strategies to achieve the best results for their clients. Zwier and Guernsey provide attorneys with an outline to plan and implement effective negotiation techniques, using up-to-date situations throughout the book to demonstrate how understanding negotiation theory and practice can help them partner with their clients to make better strategic use of negotiation. The authors break down the counseling process into stages and show what information the client needs to make an informed decision. They then suggest and give examples of the techniques and skills that might be used to implement that decision in a negotiation and or mediation setting.

Advanced Negotiation and Mediation Theory and Practice: A Realistic Integrated Approach Second Edition (NITA)

Yount v. Molitor: Trial Materials (NITA)

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Books by Zwier