Civil Trial Practice: Winning Techniques

The best trial lawyers share their secrets for the 21st century. Wish you could get some inside tips from the best? Inner circle members. Former national association presidents. Past presidents of state bar associations and trial lawyer associations. Now for the first time, this book gives you a privileged glimpse into the minds of the best trial lawyers in the country. In today's market place, you know you need to distinguish yourself from the pack. This book offers a wealth of practical tips and shrewd observations about being a successful trial attorney from the best of the best. Get the competitive edge and save valuable time by reading the techniques of distinguished litigators gleaned from years of hands-on experience! Learn from the elite fraternity of America's best trial lawyers! Table of Contents Table of Contents Foreword Dedication Preface Part One: General Aspects of Trial Practice Chapter 1 Ten Ways to Avoid Malpractice Patricia A. Essoff Chapter 2 Peak Performance in Litigation through Relaxation Techniques Gary Gwilliam Chapter 3 Trial Notebooks, Big Chief Tablets, and Other High-tech Methods of Trial Preparation Dicky Grigg Chapter 4 The Entanglement of Media and Litigation: How to Successfully Navigate Under the Model Rules Donald J. Nolan Chapter 5 Effective Use of Consulting Counsel Mark H. Goodrich Chapter 6 Law Office Technology in the 21st Century Donald H. Slavik Part Two: Discovery Chapter 7 Win Through Discovery Marc S. Moller Chapter 8 Discovery—Winning Approaches from a Defendant’s Perspective William L. Maynard Chapter 9 The Freedom of Information Act: Its Application and Use J.D. Johnson Chapter 10 Safety—The Name of the Place Where Liability Hangs Out M.P. Papadakis Part Three: Jury Selection Chapter 11 Voir Dire John Howie Chapter 12 Voir Dire: Discovering the Tainted Juror Gilbert T. Adams, Jr. Chapter 13 Expanding Jury Selection Broadus A. Spivey Part Four: The Trial Process Chapter 14 Psychology of Trial Presentation Lisa A. Blue Chapter 15 Trial Presentations—My Way Daniel C. Cathcart Chapter 16 Opening Statement in a Product Liability Trial Robert G. Begam Chapter 17 Speed, Speed, Speed Howard M. Acosta Chapter 18 Final Argument Wayne Fisher Part Five: Witnesses Chapter 19 Preparing Clients to Testify Robert Ware Killorin Chapter 20 Cross-Examination of Expert Witnesses Bob Gibbins Chapter 21 Cross-Examination of the Hostile Witness Rockne W. Onstad Chapter 22 Dealing with Pandora: “Eggshell” and Other Special Witnesses Michael W. Perrin Part Six: Evidence and the Record Chapter 23 Creating and Protecting the Record on Appeal Philip H. Corboy Chapter 24 An Inexpensive Approach to Demonstrative Evidence Vincent J. Bartolotta, Jr. and James B. Drimmer Chapter 25 Demonstrative Evidence Frank L. Branson Chapter 26 Scientific Evidence Since Daubert: A Plaintiff’s Perspective Michael L. Slack Chapter 27 Spoliation of Evidence Russ M. Herman and Steve Herman Part Seven: Damages Chapter 28 Damages Scott S. Segal Chapter 29 Proving Punitive Damages T. English McCutchen, III Part Eight: Settlement and Other Alternatives to Trial Chapter 30 Mediation John C. “Rusty” Allman Chapter 31 Effective Negotiation Michael Curry Chapter 32 Settlement: A Defense View Wallace E. Maloney Part Nine: Litigation and the Federal Government Chapter 33373 Federal Tort Claims Act, the Plaintiff’s Perspective Joseph T. Cook Chapter 34 When Uncle Sam Pays: Government Liability in Tort Litigation Kathlynn G. Fadely Chapter 35 Defending Military Aircraft Accident Cases Ron A. Sprague Chapter 36 Understanding the Military Contract Defense—What the Justice Meant to Say M.P. Papadakis Part Ten: Varieties of Litigation—Trains, Planes, Automobiles and Products Chapter 37 Defending Manufacturers in Aviation Product Liability Cases Michael C. Siboni Chapter 38 A Manufacturer’s Money, Product, and Reputation Robert Martin Chapter 39 The Basics of Recreational Injuries Nick C. Nichols Chapter 40 Surviving a Toxic Tort Case: From Retainer to Trial Thomas V. Girardi & Jill Patrice McDonell Chapter 41 Hazardous Chemicals and OSHA: Evidence Today and Tomorrow J. Michael Black Chapter 42 The Crash Didn’t Kill Him. It Was the . . .—Second Impact Cases M.P. Papadakis and Robert J. Celedonia III Chapter 43 Railroad Crossing Cases Dale Haralson Chapter 44 The Common Law in the New Millennium—Protecting Our Children James A. Swartz and Elly D. Swartz Chapter 45 Handling a Major Air Disaster Michael Olin Chapter 46 The Death on the High Seas Act Juanita M. Madole Chapter 47 Warsaw and Beyond—International Air Crashes Steven R. Pounian Chapter 48 Handling Class Actions James Branton Chapter 49 Common Ethical Issues Encountered in Mass Tort Litigation: The Plaintiffs’ Perspective George M. Fleming and D’Lisa R. Simmons Chapter 50 Products Liability Litigation—Past, Present and Into the 21st Century J. Denny Shupe and Joseph J. Asselta Part Eleven: Choice of Law and Forum Chapter 51 Choosing and Keeping Your Favorable Law Tom H. Davis Chapter 52 Asserting and Avoiding the Preemption Defense Stuart J. Starry Part Twelve: Other Perspectives Chapter 53 The Future From A–Z, or “Can a Lousy Law Student Find Happiness Later on as a Successful Trial Lawyer” Browne Greene Chapter 54 Attorneys as Warriors John Scott Hoff Chapter 55 Litigation as War John Scott Hoff Chapter 56 Perspectives on Civil Trial Practice: Economics, Experts, Ethics, and Efficiency M.P. Papadakis Epilogue Parting Shots from Thorrson: The Power is in Your Briefs—Only the Paranoid Prepare Properly Thorsson About the Author About the Contributors Index