Product Description
David Berg knows how to win cases. And he knows how to discuss it the story. In The Trial Lawyer: What It Takes To Win Berg puts both skills to gorgeous make use of in an enchanting as well as exegetic beam to winning during trial. Berg covers the pass elements of the hearing – persuasion, discovery, jury studies, voir dire, opening arguments, cranky examinations, scheming as well as presenting witnesses as well as shutting arguments – though he additionally shares his thoughts upon what it takes to win – either winning equates to the wilful outcome or an unusual settlement…. More >>
The Trial Lawyer: What It Takes to Win
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5 Comments
In my 40 years of trial practice, few books are better organized, or present more useful insights in how to try cases. David Berg has been in the pits, has dozens of verdicts in all kinds of civil and criminal cases-everything from murder to patent infringement-and writes about them very well. Drawing on his experience, David explains the importance, goals, and methods of achieving those goals, for each step of representation, from the first meeting with the client, to the final words of closing argument. And while this isn’t one of those “war story” book, he does use examples from his own cases and those of other trial lawyers to make his points. This book is a “must read,” not just for aspiring trial lawyers, but for all who want to enhance their skills in the courtroom. It should be mandatory reading for law school advocacy classes.
David Berg is a member of the Texas and New York State Bar Associations and the founding partner of Berg & Androphy, who has published dozens of articles about legal issues in such venues as “Litigation Magazine”, “The New York Times”, and “Newsweek”. In The Trial Lawyer: What It Takes To Win, Berg draws upon his years of experience and expertise to create a straightforward instructional and reference guide which ranges from perfecting techniques for arguing a case in court; to getting the research right; to the art of persuasion; to recognizing how to best address a particular jury, Voir Dire; specific tips, tricks, and techniques for all aspects of presenting the actual trial; and more. The Trial Lawyer is a very highly recommended advice guide and strongly recommended reading for aspiring and newly practicing trial lawyers alike.
In the Epilogue, David Berg states that the next generation of trial lawyers must win back the public’s respect. Given this belief, it is no surprise that this highly accomplished trial lawyer passionately shares with us the lessons he has learned over an astonishing career.
It is difficult for any trial book to cover everything, and Berg’s book makes a wise decision to emphasize the need for preparation which has been neglected in the trial literature. For example, over a third of the book, 126 pages, addresses the importance of preparing your case through discovery, conducting mock trials, and spending a lot of thought and time on voir dire.
Throughout the book, Berg shares memorable anectdotal stories from trials he has tried or famous lawyers he has known. The stories make for a very interesting read.
I am in my fifth year now, and I’ve still never had a jury trial, because of the explosion of alternative dispute resolution. Despite the diminishing frequency of the jury trial, this book is still an absolute must. To me, the following points the author makes are accurate–you must conduct litigation like you will go to trial, and, on occasion, you must actually go to trial. This book teaches you how to act like a real litigator. He emphasizes being a “bulldog about documents,” and states the best depositions are the ones that draw blood. He also tells you how to pick a jury, how to open, how to conduct direct and cross, and how to close, among other things. In fairness, there really are just too many good parts to single anything out–the whole damn book is invaluable. Further, it is written with humor and with good stories. Highly recommended.
This is a marvelous book for the seasoned and the neophyte trial lawyer alike. Full of astute tips and at once instructive and hilarious anecdotes, this book, by a master of the art, is a must-have for anyone serious about improving his/her skills or just interested in how the really good trial lawyer strategizes every step of every case.
As a trial lawyer of nearly 25 years’ experience, I thought I knew all there was to know about all aspects of a complex trial. I was dangerously wrong: reading this book has given me tips I never thought of. Of equal importance, this was a delightful experience, from cover to cover.