Winning at Trial uses innovative techniques to teach students and experienced lawyers alike the art of presenting a clear and compelling case in order to win at trial.

These skills are gained first by observing then by doing, and in Winning at Trial the reader is enabled to do just that by analyzing infamous trials, namely the O. J. Simpson and the Timothy McVeigh trials. This book is one of the most comprehensive trial advocacy resources published in recent years. Students, lawyers, judges, and librarians alike will benefit from Read's wisdom.

This book is published by the National Institute for Trial Advocacy. Virginia CLE is pleased to make it available to Virginia practitioners.

Author: D. Shane Read

TABLE OF CONTENTS

1        Trial Strategies and Basics

          Six Factors Influencing the Outcome of a Trial

          Eight Qualities of Great Trial Lawyers

          Bench versus Jury Trials

          The Trial Process

          The Trial Notebook

          Study Questions for Focus Group Video Clips from Scruggs v. Snyder

2        Voir Dire

          Strategies for Voir Dire

          The Basics of Federal Court Voir Dire

          Challenges for Cause and Preemptory Strikes

          Prohibitions

          Jury Questionnaires and Consultants

          Voir Dire in a Criminal Trial

          Voir Dire in a Civil Trial

          Answers to Voir Dire Problems 

          Study Questions for Voir Dire Video Clip of Scruggs v. Snyder

3        Opening Statement

          The Underrated Importance of the Opening Statement

          The Basics

          The Ten Steps of Preparing a Powerful Opening Statement

          How to Deliver an Opening Statement

          Seven Steps to Overcoming Courtroom Fears

          The Six Don’ts of Opening Statements

          Examples of Themes

          Analysis of Prosecution’s Opening Statement in U.S. v. McVeigh

          Analysis of Defendant’s Opening Statement in U.S. v. Mcveigh

          Study Questions for Opening Statement Video Clips from People v. Simpson

4        Direct Examination

          Strategies

          Techniques

          Organization and Style of Direct Examination

          How to Prepare Direct Examination

          Difficult Problems on Direct Examination

          Redirect Examination

          Common Mistakes on Direct Examination

          Expert Witness

          Analysis of Direct Examination (Joseph Hartzler) from U.S. v. McVeigh

          Study Questions for Direct Examination Video Clips from People v. Simpson

5        Cross-Examination

          Three Myths about Cross-Examination

          The Basics of CLIPS

          Creating an Outline

          How to Ask Questions

          Impeachment with Prior Inconsistent Statements or Omissions

          Logical Reasoning and Progression of Questions

          Control of the Hostile Witness

          Expert Witness

          Analysis of Cross-Examination from Goldman v. Simpson

          Study Questions for Cross-Examination Video Clips from People v. Simpson

6        Closing Argument

          The Overrated Importance of Closing Argument

          The Basics

          Eight Steps to a Successful Closing Argument

          The Three Don’ts of Closing Argument

          Rebuttal Argument

          Analysis of Closing Arguments in People v. Simpson and Goldman v. Simpson

          Study Questions for Closing Argument Video Clips from People v. Simpson

7        Exhibits and Objections

          Three Types of Exhibits

          Majority of Exhibits Easily Admitted

          Laying the Foundation

          The Six Steps for Getting Exhibits Admitted

          The Right Witness

          Bench Memos

          Examples of Admitting Real and Illustrative Exhibits

          Persuasive Aids

          Examples of Persuasive Aids 

          Objections to Exhibits and Testimony

8        Conclusion

Appendix One: Background for People v. Simpson

Appendix Two: Background for U.S. v. McVeigh

Appendix Three: DVD Menus

Appendix Four: Sample Newspaper Ad and Focus Group Questionnaire

Appendix Five: Federal Rules of Evidence

Index