Section 1.3 Preparation

• Library: Sources of Proof (2014 Ed.)

B. (§1.3) Preparation

The trial lawyer is presented with important facts daily; many are ignored by the inexperienced attorney because of a failure to recognize their evidentiary or legal significance. How does one learn to recognize not only the sources of proof but also the importance of what is discovered in them?

Just as there is no “correct” style for the trial lawyer, neither is there a “correct” way to learn. In discussing the practice with any successful trial lawyer, experience is always mentioned. No matter what else one does, counsel should take the time to go to the courthouse and watch experienced trial lawyers presenting their cases to a judge or jury. Even counsel who feel that their personalities make it impossible to replicate a particular style will learn from watching trials.

Attorneys are fortunate that today’s library offers hundreds of books on and about trials, juries, evidence, and every related subject. See:

· JAMES W. MCELHANEY’S TRIAL NOTEBOOK (4 ^th ed., American Bar Association 2005)

· JAMES W. MCELHANEY, THE KEYS TO EFFECTIVE TRIAL ADVOCACY (The Professional Education Group, Inc. 1988)

· JIM M. PERDUE, WHO WILL SPEAK FOR THE VICTIM? (State Bar of Texas 1989)

· DAVID BALL & DON KEENAN, REPTILE (Bookmasters, Inc. 2009)

Article after article on advocacy recommends the classics of...