|
Common Sense Rules of Advocacy for Lawyers
A Practical Guide for
Anyone Who Wants
To Be a Better Advocate
 |
2005
Benjamin Franklin Award Finalist
|
The classic advocacy guide for
trial lawyers, Common Sense Rules of Advocacy for Lawyers has
been hailed by attorneys, mediators and professors nationwide.
It's the practical advocacy guide designed for anyone who must persuade others
including attorneys, lobbyists, negotiators, account
executives, law students, sales professionals, and parents.
Find Common Sense Rules of Advocacy
in a
library near you. Professors - see our
exam copy
policy.
Have a suggestion for Common
Sense Rules of Advocacy?
If you have a suggestion for a change or addition to a future edition
of Common Sense Rules of Advocacy, please
contact us or complete our online
suggestion form.
"When this book was originally written, it bore the title "The Golden Rules of Advocacy," and the previous edition is still available under that name from Amazon.com. I discovered
'Golden Rules' on a trip to England, where I found it on sale at the information desk of the Royal Courts of Justice in London. As a recently retired trial advocate of 32 years experience, I was interested in the English perspective on trial advocacy. I bought the book and read it straight through on the flight home from England and was greatly impressed by Evans' knowledge of the essentials of trial advocacy. When I discovered
'Golden Rules' on Amazon.com, I wrote a glowing review.
Then I found 'Common Sense Rules,' and debated ordering it. I rightly suspected it was
'Golden Rules' under another name. After some time, I gave in to the urge to purchase, and I have not regretted it.
'Common Sense' is 'Golden Rules' revised and expanded, and set forth in a much more user-friendly format.
I lament the change of title, however. The term
'Golden Rules' conveys the high ethical standard set by the book far better than
'Common Sense'. You can have a head full of 'Common Sense' and still be as crooked as a corkscrew. Despite my preference for the former title, I cannot fault the publisher for the change. Either term is equally applicable. Maybe the third edition could be entitled
'The Golden Rules of Common Sense Advocacy'.
Reading this book would profit any advocate of any experience level. Judicious application of the advice contained in the book will make anyone a better advocate."
-- George R. (Bob) Dekle,
Legal Skills Professor, University of
Florida, Retired Assistant State Attorney, Third Judicial Circuit of
Florida (successfully prosecuted Ted Bundy)
"I can't think of one more effective single thing WSBA could do to
advance its skills training goals than to give a copy of CSRA to
every newly admitted member. ... CSRA is my desert-island
book. And when another lawyer washes ashore, as in a New Yorker
cartoon, I'll be ready. Buy this book."
-- Lindsay Thompson,
Washington State Bar Association (WSBA) Litigation
Law Section Newsletter, Fall 2004
"The rules presented are sound and the book is easy to read. It is conducive to being read in short increments, as might well be the case for a busy trial lawyer or for one using it to brush up. I recommend that trial lawyers have this book on their shelves for use as a refresher, in preparation for a trial, or as the basis for daily reflection on trial advocacy."
-- Jason Hanson,
Wisconsin Lawyer, September 2004 (click
for full review)
"Keith Evans, the author of Common
Sense Rules of Advocacy for Lawyers, is an experienced trial lawyer. He has studied the game from the inside and he has seen things others have missed. He has distilled his experience and offers it up in the brisk aphoristic style that brought him his success in the courtroom. The book is a valuable review for the old timers and an excellent primer for those who are starting the climb."
-- Jacob A. Stein,
Stein,
Mitchell & Mezines, Washington, DC
"This is a terrific guidebook that should be followed by all young trial lawyers. While it is true that these rules are based upon common sense and that most seasoned trial lawyers will figure them out over time, this book will allow young advocates to benefit from all the painful lessons learned by inexperienced lawyers before them."
--
Philip H. Corboy,
Corboy & Demetrio, Chicago, IL
"Down to earth advice for the advocate. Keith Evans' book provides important, down-to-earth advice and guidance for both the novice and experienced advocate. Having adjudicated many, many cases, I wish every advocate would review these practical rules for effective advocacy.
All advocates will benefit from this helpful book."
-- Jay Grenig, Arbitrator
"Common Sense Rules Of Advocacy For Lawyers is a welcome contribution to professional and law school libraries, and an invaluable candidate for use as a principle curriculum textbook, or at the very least, an important addition to a law student's supplemental reading list."
--
Midwest Book Review
"Common Sense Rules of Advocacy for
Lawyers is a superb how-to book for the trial lawyer. The author,
Keith Evans, walks the reader through the essentials of effective trial
advocacy, teaching every step of the way while at the same time never
sounding the slightest bit like a lecturer. The scope of the book --
everything from what to wear in the courtroom to writing a trial brief
-- is truly impressive, yet the author maintains a tone that is
refreshingly readable. The author never loses sight of the
underlying rules of evidence, procedure, and ethics, but his real genius
is translating those rules into -- as the title says -- common sense
rules of advocacy. I wish I had had this book when I was a young lawyer.
I highly recommend it."
--
Karl Tegland,
author, "Courtroom Handbook on Washington Evidence"
"Advocacy is an art as well as a skill,
and Keith Evans presents the rules of mastering that art in a very down to earth manner. Filled with humor and eminently readable, his book is a
great introduction for the new lawyer and a wonderful learning tool for the advocate with
experience."
--
Sherman L. Cohn,
Professor,
Georgetown University Law Center
(first national President of American Inns of Court)
"This is a wonderful 'Bible' for the
trial lawyer who wants to win. If only we had had this in law school!"
--
Browne Greene,
Greene,
Broillet, Panish & Wheeler, Santa Monica, CA
"Not just for lawyers! Common Sense
Rules of Advocacy for Lawyers contains valuable insights and
practical lessons for anyone who advocates for a living, including
mediators, facilitators, and others who may not readily admit to
practicing the subtle art of advocacy. Lawyers advocating in ADR
settings will also greatly benefit from Keith Evans' book, which is why
I recommend it in my Alternative Dispute Resolution course at the
University of Colorado School of Law."
--
Steve Clymer, J.D.,
mediator, arbitrator, and facilitator with
ACCORD Dispute Resolution Services,
Inc.
"This is a remarkable compendium of
useful advice presented in a straightforward, entertaining manner.
If new
advocates could have only one 'how to' book this would be it."
--
Roxanne Barton Conlin,
Roxanne Conlin & Associates, Des Moines, IA
(first woman President of
Association of Trial Lawyers of America)
"Keith Evans' Common Sense Rules
of Advocacy for Lawyers is a delightful and valuable read for trial
lawyers and teachers of every level of experience. For the novice, it is
like having a seasoned veteran of the courtroom wars as a mentor. It is
full of sound advice and useful examples. Barrister Evans will help the
greenest litigator look and act competently before a jury. For old war
horses and trial advocacy teachers, Evans' list of rules is a valuable
checklist of "DO's" and "DON'T's" reminders. Even the most experienced
trial lawyer can pick up some new techniques here. I will heartily
recommend it to my Trial Advocacy students."
--
Frederick C. Moss,
Professor,
Dedman School of Law, Southern Methodist University
-
Foreword
html
pdf
-
Table
of Contents html
pdf
-
Chapter One First Steps
pdf
-
Second Dimension
html
pdf
-
Rule 1 You Must
Dress Appropriately
html
pdf
-
Rule 20 Commit to Being an
Excellent Trial Lawyer. Don't Do Anything by Halves. If You Can't
Dedicate Yourself to This, Move Over and Do Something Else.
html
pdf
-
Rule 41 Newton's Rule
html
pdf
-
Rule 56 Show Them the Way
Home html
pdf
-
Rule 82 Don't Ask the Fatal
Final Question
html pdf
-
Index
html
pdf
-
Appendix 3: "How to Succeed As a
Lawyer," by Rowland Boyd
pdf
pdf version
I wrote this book in the first place* as a kind of guidebook for young lawyers who had to do a trial in court. And I have been pleased over the years to hear from people who claimed they had won a verdict because they used one of the techniques I suggested.
I have been told as well that these practical rules are as useful outside the courtroom as they are in it. And I do agree that if you have to make a presentation or negotiate a deal, these rules will undoubtedly help you.
But I don't want to re-write the book so as to point out that this or that rule is of particular importance in any kind of negotiation or alternative dispute resolution, or that an account executive making a pitch should pay special attention to this one or that one. You are intelligent enough to see how a rule lifts out of the courtroom and can be used in negotiations and presentations, and, indeed, in every kind of relationship. My second wife complained,
"I wish you'd use your advocacy on me," and looking back on it I should have done.
And it is in the framework of a trial in court that the rules can be most easily explained. So although I have been persuaded to adopt a new title, what you are getting here is more or less the original advice for the brave young lawyers who dare to do a case in court. You'll find it quite funny in places, and you'll easily decide which rules you want to take with you into your daily life and into your work.
I think the central rule of this whole book is Newton's Rule, as I have called it.
"You can't possibly convict my client on this evidence," says the lawyer, and although the jury don't move a muscle you can see them all thinking,
"Oh no? You wanna bet?" Every action has its equal and opposite reaction, and this rule is working all the time when people are communicating or trying to communicate.
But we'll come to Newton's Rule, as we will to the Rule of the Honest Guide. When you've familiarized yourself with all the rules you'll even find it easier to fix a date.
If a new rule occurs to you and you are willing to share it, please get in touch and tell me about it. I can be contacted through my Publisher, Chug Roberts, at
TheCapitol.Net, PO Box 25706, Alexandria, VA 22313-5706
www.TheCapitol.Net, 703-739-3790, and I very much look forward to seeing this collection added to.
Here, then, apart from the occasional footnote, is the book as it was designed for the lawyers. Enjoy - as they intransitively say in California.
Keith Evans
*
This book was originally published in 1994 by West Publishing as
"The Common Sense Rules of Trial Advocacy." The Foreword, edits
and updating, and Appendix 3, "How to Succeed as
a Lawyer," by Roland Boyd, are new to the 2004 edition.
KEITH EVANS
is a retired member of the Bars of both England and California, a Scholar of the Middle Temple Inn of Court in London, a member of Gray's Inn and a former Honorary Master of San Diego's Louis M. Welsh American Inn of Court.
He studied law at Cambridge and started trial practice as an English Barrister in 1963. From 1975 until 1996 he was an active member of the California Bar.
He has handled several hundred jury trials and has practiced in State and Federal Courts as well as, in England, every court from the Old Bailey to the House of Lords.
He was forced to retire (while, as he puts it, on a winning run) after suffering a stroke in 1998.
The holder of an Outstanding Trial Lawyer award from the San Diego Trial Lawyer's Association, he is also a distinguished teacher of trial advocacy. His book on the subject is the standard text in England and in many parts of the British Commonwealth.
He has been a visiting professor at an American university law school and has been on the faculty of NITA, and he still teaches a highly acclaimed full-day CLE seminar on trial-advocacy.
He practiced with several firms in the United States, including Gray, Cary in San Diego and the aviation litigation firm of
Speiser, Krause & Cook in New York City and Washington, DC.
Common Sense Rules of
Advocacy for Lawyers
By Keith Evans
$35
Plus shipping and handling (6% of order, $7.95 minimum).
Ships within 1 business
day
Hardbound: 264 pages
ISBN 10: 1587330059
ISBN 13: 978-1-58733-005-6
LCCN: 2003113147
OCLC: 56315474
Published 2004
Dimensions: 7.25 x 7.8 x
0.8
Weight: 1.2 pounds
Discount for bookstores and classroom use.
VA sales tax added when shipped to VA address.
Publication descriptions and Order form (10-page pdf)
Also see
TheCapitol.Net is a non-partisan firm,
and the opinions of its faculty, authors, clients and the owners and
operators of its vendors are their own and do not represent those of
TheCapitol.Net.
URLs:
www.TheCapitol.Net/Publications/commonsense.html
www.RulesOfAdvocacy.com
c |
b
Last updated:
May 07, 2008
|
