One of the All-Time Best-Selling Books on Trial Practice.
Expanded, updated, and revised by the author, this edition of Trial Notebook holds 30 years of James McElhaney’s clear, graceful, and entertaining writing on trying cases. Nearly a third larger than the previous edition, it includes 90 chapters that cover everything from discovery to rebuttal and provides you with techniques, tactics, and strategies for every stage of trial. The author knows his subject better than anyone, both as a practitioner and as a professor. The result is information, grounded in actual courtroom experience, that litigators want to read, can understand, and use daily in court. Used by thousands of trial lawyers, Trial Notebook is certain to improve the effectiveness of your advocacy.
Trial Guides distributes this book, published by the American Bar Association.
Foreword to Fourth Edition ix
Foreword to Third Edition xi
Foreword to Second Edition xiii
Foreword to First Edition xv
Acknowledgments xvii
I. Planning to Win 1
1. The Qualities of Winners 3
2. Picking the Right Fight 11
3. The Theory of the Case 17
4. The Real Law 23
5. The Sense of Injustice 29
6. Persuasive Organization 37
7. The Focus of Judgment 43
8. An Introduction to Damages 47
9. The Perry Mason Trap 55
II. Trial Preparation 61
10. The Trial Preparation Plan 63
11. Powerful Pleadings 69
12. Informal Investigation 75
13. Basic Deposition Techniques 85
14. A Good Witness 93
15. The Horse Shed 99
16. Trouble in the Horse Shed 111
17. Teaching Pigs to Sing 119
18. The Trial Notebook 125
19. Final Preparation 135
III. Starting the Trial 141
20. The Credibility of the Lawyer 143
21. Humanizing the Client 153
22. Angus on Jury Selection 163
23. Goals for Opening Statements 173
24. The Story Method 181
25. Snapshots 187
IV. Evidence 195
26. The Big Ideas 197
27. Arguing Relevance 207
28. Opening the Door 217
29. Getting the Evidence In 229
30. Get It Admitted Some Other Way 237
31. Character Evidence and Impeachment 243
32. Character and Conduct 257
33. An Outline on Hearsay 265
34. The Cleveland Exception to the Hearsay Rule 279
35. Business Records 297
36. State of Mind 309
37. Nine Ways to Use a Deposition 319
38. Neglected Rules of Evidence 329
V. Foundations and Objections 337
39. Making the Record 339
40. Steps in Introducing Exhibits 349
41. Foundations 355
42. The Foundation Habit 371
43. Effective Objections 379
44. The Limine Trap 389
VI. Direct Examination 397
45. Bland and Canned Direct 399
46. The Language of Examination 403
47. Direct Questions 407
48. Simple Direct 415
49. The Art of Leading 423
VII. Cross-Examination 431
50. Cross-Examination Choices 433
51. The Real Purpose of Cross 441
52. Evasive Witnesses 449
53. The Witness Doesn’t Remember 457
54. Make Something Out of It 465
55. Impeachment by Omission 475
VIII. Expert Witnesses 483
56. The Law of Experts 485
57. Fixing the Expert Mess 497
58. Direct of Experts 509
59. Learned Treatises 517
60. Nine Ways to Cross-Examine an Expert 525
IX. Tactics and Techniques 535
61. Point of View 537
62. Linking 543
63. Stealing Their Thunder 549
64. The Adverse Witness 555
65. Taking the Stand 561
66. Ploys 571
67. Traps 577
68. Tangled in a Trap 587
69. Dealing with Dirty Tricks 593
70. The Blackboard 605
71. High-Tech Trials 615
X. The Language of Persuasion 621
72. The Language of Obscurity 623
73. The Right Word 629
74. The Stock Phrases 637
75. Impact 649
76. Breaking the Spell 655
77. Making Memories 661
XI. Final Argument 667
78. The Law of Final Argument 669
79. Analogies in Final Argument 679
80. Dealing with Dishonesty 695
81. Damages versus Liability 701
82. Losing Arguments 705
83. The Final Five 711
XII. Trial Practice 719
84. Dealing with Dogs–Getting Rid of Losers 721
85. Keeping the Client Happy 727
86. Motion Practice–Talking to the Judge 739
87. Fighting the Judge 745
88. Getting Along with Judges 751
89. Settlement–The Walrus Factor 763
90. Maybe It’s Time to Go 769
What Legal Leaders Are Saying
— Robert Clifford, Esq.Jim McElhaney is like a fine wine—growing better with age. The latest edition of his book, an expanded version with 90 chapters, is truly some of his best work. He writes with such ease, his anecdotes are so insightful, you don’t even realize how much you are learning. His personal experience and practical tips are evident on every page. Trial lawyers should read this book from cover to cover, maybe twice.
— Patricia Refo, Esq., author of Litigating Minor Impact Soft Tissue Cases, and listed in The Best Lawyers in America.Jim McElhaney is a national treasure for lawyers. If you try cases—or want to try cases—this new edition of Trial Notebook is a must read. You will use it over and over again because the trial practice teachings are timeless.