Judge Aldisert offers insight on whether to appeal, the likelihood of success, and how to improve your brief writing and oral argument. Learn what state and federal judges expect from lawyers during the appellate process and how to avoid common criticisms of written and oral arguments.

Winning on Appeal: Better Briefs and Oral Argument

Aldisert, Ruggero J.

Reference

Natl Inst for Trial Advocacy

Evidence: Text, Rules, Illustrations and Problems

Graham, Michael H.

Book by Beskind, Donald H., Bocchino, Anthony J.

Bmi Vs Minicom, Inc./Fba0165

Bocchino, Anthony J.

Beskind, Donald H.

A Practical Guide to Federal Evidence: Objections, Responsis, Rules, and Practice Commentary

A simple and direct explanation of the procedures and problems associated with taking a deposition.

Deposition Tactics and Considerations

Oliphant, Robert E.

Alternatives to Litigation, Mediation, Arbitration and the Art of Dispute Resolution

Ordover, Abraham P.

Winning on Appeal : Better Briefs and Oral Argument (NITA's Practical Guide Series)

Aldisert, Hon. Ruggero J.

A concise yet thorough discussion of trial law, tactics, and strategies as they apply to all phases of presenting the case.

Modern Trial Advocacy: Analysis and Practice

Lubet, Steven

Rules & Procedures

Today we see explosive growth in the use of expert witnesses. Effective Expert Testimony, the newest volume in NITA's Practical Guide series, presents an invaluable guidebook for litigators who seek instruction in shaping the testimony of expert witnesses. David M. Malone and Paul J. Zwier, who combine over fifty years of courtroom and classroom experience, examine the rules of evidence and ethics that govern the relationship of experts to lawyers, juries, and courts. The result is a book that will interest experienced attorneys and law students alike. Effective Expert Testimony takes readers from the initial decision to hire an expert to the search for the right expert--all the way through the various pretrial and trial activities for which experts and attorneys must be prepared. The book emphasizes many opportunities for persuasion when conducting direct examination of the expert, and underscores the work that is required to control the expert--compared to the lay witness--on cross examination. The authors look in detail both at the careful steps that must be undertaken in deposing experts and at the tools available for cross-examining the expert. According the Malone and Zwier, to present and to oppose experts effectively the attorney must develop and utilize a number of skills such as attention to detail, patience with follow-up, care in organization, and avoidance of ego. Throughout the book, the authors emphasize the need for the attorney to treat the expert--consulting and testifying--as an integral part of the trial team. The shape of the case, as determined by the complaint, answer, and early discovery, reflects the attorney's judgment and the expert's knowledge. The authors stress that attorneys must understand the Supreme Court's recent Daubert trilogy so they can assist, or even direct, the court in its gatekeeping function of keeping unreliable expert testimony out of the record. This useful and practical guide contains appendices including selected Federal Rules of Evidence as amended to December 1, 2000; Federal Rule of Civil Procedure 26 as Amended to December 1, 2000; and Daubert, Joiner, and Kumho Tire cases.

Effective Expert Testimony (Practical Guide series) (Nita Practical Guide Series)

Malone, David M.

Zwier, Paul J.

In Expert Testimony, Steven Lubet provides experts with the knowledge they need for effective courtroom communication. Through his discussion of preparation, depositions, direct and cross-examination, and other components of the trial process, Lubet teaches expert witnesses how to make sure they "get to say what they really mean" while avoiding the traps and snares that may be set by opposing counsel. By analyzing and demystifying every aspect of opinion testimony, Lubet has created a work that is invaluable to both witnesses and lawyers. 
Lubet describes the many variables that affect the perceived credibility of an expert witness, including rapport, reporting bias, knowledge bias, appearance, and demeanor. He explains the ways that experts can emphasize their credibility and, perhaps more importantly, how they can avoid the unintentional signals that may actually undermine the acceptance of their opinions. He then examines witness preparation, focusing on the relationship between retaining counsel and the expert witness in the critical areas of issue identification, data development, and presentation. The chapter on direct examination addresses the need for every expert to develop a "theory," or a short summary that explains, in everyday language, why the expert's approach is accurate and believable. Using compelling examples, Lubet clearly shows that without such a theory direct examination can easily dissolve into a welter of meaningless details. 
Cross-examination lies at the heart of Expert Testimony, which devotes three full chapters to the subject. After describing the process and structure of the cross-examination, Lubet explains every lawyer's four basic goals on cross-examination: control the answers, tell counsel's story, minimize the expert's impact, and limit the expert's input. Equipped with this information, witnesses will better understand how and when they can take advantage of opportunities to explain their testimony, no matter how hard a cross-examiner may try to restrict their answers. Lubet provides a guide to the seven most common cross-examination techniques and exposes the six most frequently encountered "trick questions." The book concludes with the first-ever comprehensive analysis of issues pertaining to expert witness.

Expert Testimony: A Guide for Expert Witnesses and the Lawyers Who Examine Them

Criminal Law

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Books by Natl Inst for Trial Advocacy