The Elements Of Trial

In his fourth book, The Elements of Trial, Rick Friedman and partner Bill Cummings bring you a concise guide for new and mid-career lawyers preparing for trial. You will learn the insights and practical skills you need to know as a trial lawyer. With trial experience increasingly rare, Rick believes that, “95 percent of plaintiffs’ lawyers will be substantially better in trial if they know the information in this book.”

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The book will give you insight regarding each aspect of your case:

  • Investigating your case
  • Interviewing and preparing witnesses
  • Organizing trial notebooks, discovery information, trial briefs, and exhibits
  • Creating a theme
  • Choosing or drafting jury instructions
  • Asking questions of the court clerk and judicial assistant
  • Framing your case-in-chief Filing motions in limine
  • Pretrial hearings
  • Making objections and understanding juror perceptions about the use of objections in trial
  • Bench conferences
  • Moving exhibits into evidence
  • Voir dire (including your purpose beyond cause and peremptory challenges)
  • Opening statement (structure, themes, establishing credibility, and what you should never do)
  • Direct examination
  • Cross-examination (constructive and destructive)
  • Making a record
  • Directed verdict/motion for judgment as a matter of law
  • Rebuttal case
  • Charging conference
  • Closing argument
  • Taking the verdict and polling the jury
  • Posttrial motions