Trial Attorneys and Technique :: The Art of Advocacy

Does reading and writing about trial technique make you a better lawyer? Some veterans will tell you no, that you only learn by cutting your teeth on real cases. It’s true that there’s no substitute for experience in the courtroom. I’ve been representing clients in court for decades, but I still find it helpful to stop and think about what really works and why.

There’s something to be said for studying technique, listening to experts on rhetoric, reading about landmark trials and considering what distinguishes great arguments from competent ones. It’s especially helpful for me to write down what are the core lessons I and others have learned from trying case after case after case.

From depositions to opening statements, to direct examination, to cross, to closing, the lonely trial attorney faces countless decisions about how to proceed. We could all use a little help making the right calls. That’s why I’ve started this blog, to help lawyers, especially young ones, familiarize themselves with proven trial techniques.

The lessons I plan to write about are hardly my own. They originiated years ago, beginning with Aristotle’s writings on rhetoric, Cicero’s powerful arguments in the Roman Senate and some of the legendary trials of American and British history.

One of the things I love about trial litigation is that its lessons are timeless. Attorneys, especially those who blog, love to get caught up in controversies of the moment--the latest appellate ruling on e-discovery, a sensational turn in this month’s “trial of the century”, or a new bill moving through Congress. These developments can be important to follow, and sometimes I’ll make note of them here. But primarily this page will be devoted to conversation about trial techniques that have stood the test of time, that are fundamental to our profession but that are too often forgotten.

I hope you will join in. Feel free to send me questions, offer your own stories, and suggest lessons you have learned in your own practice, whether you live in the United States of overseas. If the subject of this blog is timeless, it’s also universal!