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Publications
Common Sense Rules of Advocacy for Lawyers

Table of Contents

By Keith Evans

The Author
Reviews
Sample Sections
Details

Formats
Hardbound $19.95
Softcover $19.95
Ebook $4.95

Summary Table of Contents

PDF version of Table of Contents
Foreword
The Author

Ch. 1 Introduction
Ch. 2 The Dimensions of Advocacy
Ch. 3 The Mandatory Rules of Advocacy
Ch. 4 Advocacy as Theater
Ch. 5 The Psychology of Advocacy
Ch. 6 The Examination of Witnesses
Ch. 7 Direct Examination
Ch. 8 Cross-Examination
Ch. 9 Re-Direct Examination
Ch. 10 The Final Argument
Ch. 11 Written Advocacy
Ch. 12 Advocacy in the Age of High Technology
Ch. 13 Conclusion

Appendices

Index

Table of Contents

Foreword

The Author

Chapter 1 Introduction

Chapter 2 The Dimensions of Advocacy

rule	title
	First Dimension: In the Common Law Countries a Trial is Not an Exercise Designed to Discover the Truth
	Second Dimension: Human Beings are Far More Video Than Audio
1	You Must Dress Appropriately
2	Don't Be Seen to Be in To Friendly a Relationship With Your Opponent
3	Don't Smile, Laugh or Joke Without Including the Jury In
4	Appear at All Times to Be Absolutely Sincere
5	Never Convey Any Visual Signal You Do Not Intend to Convey
6	Ensure That Your Factfinder Always Has Something to Look at
7	Use All Kinds of Visual Aids
8	Maintain Eye Contact With the Factfinder
	Third Dimension: People Don't Like Lawyers!
9	Stick Rigorously to the Truth
10	Don't Appear to Be Manipulative
11	Don't Sound Like a Lawyer
	Fourth Dimension: Time is Valuable
12	Don't Repeat Yourself

Chapter 3 The Mandatory Rules of Advocacy

rule	title
13	Mandatory Rule Number One: In Your Opening Statement Avoid All Argument and Stick Strictly to Facts
14	Mandatory Rule Number Two: Be Sure, in Your Opening Statement, to State Enough Facts to Justify the Verdict You Are Asking for
15	Mandatory Rule Number Three: The Advocate Must Not Express His or Her Opinion in Court
16	Mandatory Rule Number Four: As an Advocate, Never Give or Appear to Give Evidence Yourself
17	Mandatory Rule Number Five: Never refer to the Criminal Record of an Accused Person or to Any Offers of Settlement
18	Mandatory Rule Number Six: Never Put Words in the Mouths of Your Own Witness
19	Mandatory Rule Number Seven: In Your Closing Argument Speak Only of Things That Have Been Touched Upon in the Evidence

Chapter 4 Advocacy as Theater

rule	title
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
21	Entertain Them
22	Tell Them a Story
23	Think Beginning, Middle and End
24	Always Aim to Maintain Your Continuity
25	Keep It Simple
26	Avoid Detail
27	Work at Eliminating Everything That Can Safely Be Eliminated
28	Be Brief
29	Prepare Them for the Boring Bits
30	Know Your Audibility
31	Vary Your Pace and Vary Your Tone
32	Be Aware of Timing and Use the Power of the Pause
33	Be Vary Careful About Raising Your Voice
34	Stay Out of the Well
35	Don't Get Too Close to the Jury Box
36	Beware of Getting Too Close to the Witness
37	Plan Your Approach to the Witness Stand

Chapter 5 The Psychology of Advocacy

rule	title
38	The Materials of Advocacy Are Fragile
39	Be Likeable
40	Aim to Create Sympathy Between You and Your Factfinder
41	Newton's Rule
42	Include the Factfinder in! or the Rule of the First Person Plural
43	Prepare Them
44	Always Aim to Be the Honest Guide
45	Don't Ask the Factfinder to Believe the Unbelievable
46	When There Is a Weak Point in Your Case Don't Pretend That It Isn't a Weak Point
47	Don't Misquote the Evidence in any Way at All and Don't Put a Slick Interpretation on Any Part of It
48	Make Sure That You Always Come Across as Being Absolutely Fair
49	Keep Your Objections to a Minimum
50	Take Great Care Getting Your Jury Out of Court for Bench Conferences
51	Demonstrate Your Competence to Your Judge as Early as Possible
52	Practice Listening Intently
53	Stop Dead in Your Tracks as Soon as You Realize Your Sentence Has Become Too Complicated
54	There Must Be an Overall Theme to Your Entire Case and You Should Be Able to Tell the Story in One Compact Sentence
55.1	First Part: As Soon as You Have an Approximate Idea of What a New Case is About Sit Down and Write Your Closing Argument
55.2	Second Part: Sit Down and Write Your Opponent's Closing Argument
55.3	Third Part: Sit Down and Perfect Your Closing Argument
56	Show Them the Way Home

Chapter 6 The Examination of Witnesses

rule	title
57	Think Out in Advance the Answer You Want to Hear and Design Your Questions With a View to Getting That Answer
	Think Control -Know What You Want the Witnesses to Say Then Make Them Say It
58	Every Examination Should Consist of a Series of Objectives
59	Never Forget That the Average Witness Speaks From Memory
60	Never Forget You Are Not Dealing With Facts but With What the Witness Believes to Be Facts
61	Go Gently When You Attack a Witness's Recollection
62	Never Turn to a Witness for Help
63	The One Line of Transcript Rule
64	Don't Ask Compound Questions
65	Use Variety in the Format of Your Questions
66	Beware of Demanding the Yes or No Answer

Chapter 7 Direct Examination

rule	title
	The Rule About Leading Questions
67	The Foundation Rule: Before You May Ask a Witness to Testify on any Topic, You Must Lay a Foundation Showing How the Witness Has Acquired Knowledge of That Topic
68	In Direct Examination, Remember the Rule of Two and Couple Your Questions Wherever You Can
	Getting Documents into Evidence
	Refreshing Recollection

Chapter 8 Cross-Examination

rule	title
28	Be as Brief as You Can Be
69	Stop When You Get What You Want
70	Use Leading Questions in Cross-Examination
71	Pin Down the Witness: Don't Spring the Trap Until the Witness is Inside
72	Keep the Record as Favorable to You as Possible by Moving to Strike Any Inadmissible Evidence
73	Ride the Bumps: Keep Your Dismay a Secret
74	The Minefield Rule: Never Jump Back in Alarm!
75	Don't Cross-Examine at All Unless You Have to
76	Don't Go Fishing
77	Don't Ask Questions to Which You Don't Know the Answer
78	Never Ask "Why?" and Never Ask "How?"
79	Don't Open the Door
80	Don't Let the Witness Repeat Her Direct Testimony
81	Don't Ever Get Into an Argument With a Witness
82	Don't Ask the Fatal Final Question

Chapter 9 Re-Direct Examination

rule	title
	Salvage, Clarification, and Massacre
83	If You Don't Do Re-Direct Well It's Better You Don't Do It at All
	Re-Direct Must Be Done Confidently and Effortlessly

Chapter 10 The Final Argument

rule	title
84	It's The Factfinder's Emotion, Not Yours, That Matters
85	Emotion Follows Facts and Not the Other Way Around
86	Too Little Emotion is Fatal: Too Much Emotion is Fatal
87	Acknowledge the Feelings That Have Understandably Been Stirred Up

Chapter 11 Written Advocacy

rule	title
	Paper Is the Basic Material Used for Written Communication and the Dissemination of Information
88	Lawyers Use Far Too Much Paper
	Engineering Language
89	Good Legal Writing is Easy to Read and Interesting, Accomplishing Its Goal in as Few Words as Possible
	The "Body Language" of a Document
90	The Appearance of Your Document is Vitally Important
91	White Space is User Friendly
92	Don't Produce a Paragraph Deeper than Four Inches
93	Margins Have an Effect on the Reader
94	Lists of More Than Three Items Should Be Vertical Not Horizontal
95	Use Headings
96	Consider Incorporating Diagrams into Your Writing
	Pace and Movement
97	Write at the Pace of a Brisk Walk
98	Pay Great Respect to Chronology in Your Writing
	Paper Is the Basic Material Used for Written Communication and the Dissemination of Information
99	There's No Rule of Court Which Requires Your Document to Be a Minimum Length

Chapter 12 Advocacy in the Age of High Technology

rule	title
	Video
100	Stay Abreast of Technological Advance

Chapter 13 Conclusion

Appendices

Appendix 1: Why Color Is Critical
Appendix 2: The Practical Rules at a Glance
Appendix 3: "How to Succeed as a Lawyer," by Roland Boyd

Index

Details

Common Sense Rules of Advocacy for Lawyers
By Keith Evans

Hardbound, $19.95
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

Plus shipping and handling (8% of order, $10 minimum).
Discount for bookstores and classroom use.
VA sales tax added when shipped to VA address.
Ships within 1 business day

Special! With each paid order of 25 copies or more the hardbound edition, you'll receive one free copy signed by the author, while supply lasts.

Publication descriptions and Order form (17-page PDF)

Softcover, $19.95
Softcover: 194 pages
ISBN 10: 158733-185-3
ISBN 13: 978-1-58733-185-5
Published 2010
Dimensions: 6.1 x 9.1 x 0.6
Weight: 0.7 pounds

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Also see

Legal Spectator & More, by Jacob Stein

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RulesOfAdvocacy.com

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