Celebrating 10 years! 2007-2017

Shane Read Turning Points at Trial vs Winning at Trial

Brain trust of JDU, has anyone on here read either or both o thirdtierlaw03/23/18
Haven't read either but they look decent. Please report back tcpaul03/24/18
Never heard of Shane. I would get a copy of Gerry Spence's w corneroffice03/24/18
You all are funny. Why on earth do you feel like you don't jeffm03/24/18
Haha well obviously we understand that part. It's the "art" thirdtierlaw03/24/18
This. I've got the technical aspects down, more or less. It' tcpaul03/24/18
thirdtierlaw (Mar 23, 2018 - 10:03 pm)

Brain trust of JDU, has anyone on here read either or both of these books? They seem to have good recommendations, but at $70 a piece I don't want to waste my money. Or does any other great trial books to read?

I've been on an unbelievable hot streak lately, but even though I'm winning trials and appellate arguments, I still feel like I have no idea what I'm doing or at the very least have a large amount of room for improvement.

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tcpaul (Mar 24, 2018 - 8:27 am)

Haven't read either but they look decent. Please report back on which one you read and if it is any good. I feel like I might be in the same boat as you. I've only done a couple trials, have won them both, and feel like I don't know what the hell I'm doing or why it is working.

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corneroffice (Mar 24, 2018 - 12:58 pm)

Never heard of Shane. I would get a copy of Gerry Spence's win your case. Its a great framework for the art of trial. I would also suggest Carl Bettinger's book, 12 heros one voice.

Trial work is not about the "elements." Its about how you make the jury feel.

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jeffm (Mar 24, 2018 - 9:56 am)

You all are funny. Why on earth do you feel like you don't know what you are doing?

Trying a case is a pretty basic task when you get down to it. The element of art involves organization and presentation. However, as far as law goes, it all starts with the jury charge. The charge contains the elements. You must offer proof to support the evidence. This takes you to testimony and evidence. You build it all. You organize it. You present it.

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thirdtierlaw (Mar 24, 2018 - 10:47 am)

Haha well obviously we understand that part. It's the "art" of it and how to be good at it that I want to know. I do not know why I've been successful so far and always feel like I'm just winging it while prepping and at trial.

I had a criminal trial this past Monday and Tuesday. I wrote a 6 page "cya" letter outling how poor our case was to the client. I was certain it was a loser. The prosecutor has been practicing for 20+ years. We finish jury instructions, the jury is out for about 20min. I'm walking in explaining the sentencing process. Then we get a "Not Guilty." I'm still absolutely floored. So obviously I did something right. The question is what turns a loser of a case into what appeared to the jury to be an "easy win".

So I'm interested in why some people are more successful than others.

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tcpaul (Mar 24, 2018 - 11:06 am)

This. I've got the technical aspects down, more or less. It's more the "art" side of things, i.e. voire dire, case framing, persuasive closing arguments, what numbers to blackboard in closing etc.

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