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Advocacy & Alternative Dispute Resolution: Basic Sources/Overview

This guide provides links and descriptions to many of the library's resources related to advocacy and dispute resolution, including trial advocacy, client counseling, negotiation, mediation, arbitration, evidence and professional responsibility.

Encyclopedic Sources

American Jurisprudence Trials.  West 1964-date.  KF 8917.A54 10th fl.  According to the extended title, this 100+ volume set is an encyclopedic guide to the modern practices, techniques, and tactics used in preparing and trying cases, with model programs for the handling of all types of litigation.  The set contains annotations on trying specific cases. Annotations include guidance on all aspects of trial procedure including opening and closing arguments, instructing the jury and examining witnesses.  The attorney who is going to trial will be greatly assisted if the subject of the action is addressed by an article in Trials. Available online via Westlaw.

Business and Commercial Litigation in Federal Courts. (2nd Ed.) American Bar Association, Section of Litigation 2005.  KF8925.C55 B87 2005. This nine-volume treatise covers all aspects of commercial litigation in federal courts.  Nearly one-hundred chapters include treatment of a wide variety of claims.  Also includes forms, checklists, jury instructions and other tables.  Available online via Westlaw.

Texts

ALI-ABAs Practice Checklist Manual for Trial Advocacy: Checklists, Forms, and Advice from the Practical Litigator.  ALI-ABA Committee on Continuing Professional Education, c2001.  KF 8915.A55 2001 10th fl.  This manual includes 34 checklists and more than 300 pages of practical advice from 22 experienced litigators.  The Manual also includes a CD-Rom with all of the forms, checklists, and articles that appear in the manual.

Cardinal Rules of Advocacy: Understanding and Mastering Fundamental Principles of Persuasion.  National Institute for Trial Advocacy, c2002KF311.L37 2002 10th Fl.  Written by a noted jurist, this text presents the fundamental principles of persuasion in a clear and easy to understand format.  Judge Lavine claims there are certain recurring, core principles of persuasion that can be studied, and when mastered lead to successful advocacy.

The First Trial in a Nutshell: Where do I Sit? What Do I say?  West, c2009.  KF 8915.Z9 G59 2009.  This guide concentrates on the overall approach to trying a case, weaving persuasion and procedure to help lawyers and law students prepare for their first trials with confidence.  It is intended as a primer for law students and beginning trial attorneys.

How to Try a Jury Case: Trial Tactics.  National Institute for Trial Advocacy, c2007.  KF8972.K56 2007 10th Fl.     

The How-to-win Trial Manual: Winning Trial Advocacy in a Nutshell, including a "test yourself" practice session (Rev. 4th ed).  JurisNet, c2008.  KF 8915.F56 2008 10th Fl.

Modern Trial Advocacy Analysis and Practice (3rd Ed.).  National Institute for Trial Advocacy, c2004.  KF8915.A7 L82 2004 10th Fl.  Author guides the beginning advocate from developing a winning case theory through all phases of trial. He explains how to present a case as a story, and how to tell the story to the jury powerfully and persuasively.  This text is used by NITA for continuing education programs and by many law schools as a textbook for trial advocacy classes. 

Trial Advocacy Basics.  National Institute for Trial Advocacy, c2006. KF 8915 .G54 2006 10th Fl.  This text offers a complete and concise guide to the beginning trial advocate. Practical advice on every stage of trial preparation and practice is explained in a straightforward manner, using colorful examples, memorable quotes, and humor.

Trial Technique and Evidence (3rd ed.).  National Institute for Trial Advocacy, c2008.  KF 8915.F64 2008.   This guide is a valuable resource and in-depth guide dedicated to assisting the trial attorney in every aspect of preparing for and conducting trials, including understanding and applying the rules of evidence in trial. The third edition adds material on electronic evidence, expert witness, examination of witnesses, jury studies and their implications for trial practice, and changes to the Federal Rules of Evidence.

Trial Techniques (8th ed.).  Aspen Publishers, c2010.  KF8915.M38 2010 ACAD.  Trial Techniques is a comprehensive yet concise handbook that covers all aspects of the trial process.  Includes chapters on all aspects of the trial process and examples illustrating strategies for opening statements, jury selection, direct- and cross-examination, exhibits, objections, and more.  Also available online via Loislaw under Treatise Library > Mauet Trial Practice Library.

Trials: Strategy, Skills, and the New Powers of Persuasion.  This online text covers trial theory and practice, emphasizing the jurors' perspective, the incresed necessity of an effective opening statement, and the importance now given to visual presentation at trial.  Access online via Loislaw under Treatise Library > Mauet Trial Practice Library.  This database is presently only available at JMLS.

Winning at Trial.  National Institute for Trial Advocacy, c2007.  KF 8915.R43 2007 10th Fl, includes DVD on reserve.  Winning at Trialis the only book that teaches trial skills by analyzing video and transcripts of actual trials. It is also the only book that reveals the secrets of jury decision-making through the use of video in collaboration with one of the nation's foremost jury consultants, DecisionQuest.