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Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time
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| Part No: | B0012BTBRE |
| Manufacturer: | St. Martin's Press |
| MFG Part: | |
| Customer Rating: | 4.0 / 5.0 |
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America's winningest trial lawyer offers a step-by-step plan for speaking in public- and succeeding 'What's true for training great trial lawyers is true for all winning presentors.' -FROMWINYOURCASE A t Gerry Spence's famed Trial Lawyers College conducted on his Wyoming ranch, thousands of attorneys have learned the art of making a case. Presenting a case before decisionmakers is not simply a technique but an occasion for summoning your deepest reserves to advocate on behalf of something crucial. Here, Spence combines a rich exploration of truth, fairness, and emotional honesty with practical advice gleaned from a lifetime of hard-earned legal triumphs to show what makes a strong, persuasive presentation. Spence's essentials include: -Preparing the powerperson to accept your case -Owning your feelings -Being 'in the moment' -The power of fear-ours and theirs -Discovering the story in every presentation -Making an effective closing argument. Whether presenting to a judge or jury, a board, boss, committee, or customer, Win Your Case is an indispensable selfhelp guide.
| This book has almost no good advice for ethical lawyers | 2010-05-21 | 1 / 5 |
| Wow, this book was full of bad advice. It started with an unsettling devotion to the cult of the self, how if we can get in touch with our inner feelings, then we can convince power persons, and we can hear an inner voice that will tell us the right things to do... It was creepy. After the initial section, though, Spence gets into some practical advice, where the book goes from "OK if you're into that kind of thing" to "People will hate you with good reason if you do this." For instance, Spence talks about putting himself on a witness stand during his closing so that he can tell the jury what he thinks the witness would have said, and he acts like the prosecutor's objection is some kind of badge of honor, never once noting that he is breaking ethical rules all over the place and looking like a jerk. He also gives examples of how an ideal line of questioning would go, complete with the objections that will be correctly sustained. He suggests walking witnesses through a situation in the present tense, which would be an inoffensive stylistic decision if he didn't describe it as some sort of hypnotic exercise ("How do you know that it's July 24?" "I can feel the heat."). He demands the right to tell a witness' story in the first person in his opening argument ("She'll tell you this: 'I'm a housewife, and I woke up and kissed my husband and then he died and it's their fault.'") and defends that obsession by claiming that it's the best way to get all the details out. It's not. There is nothing stopping him from telling the story with the same level of detail in the third person and avoiding controversy and objections that surely irritate jurors.
Even worse, Spence gives readers advice on how to claim to the judge that they had no idea that they were doing anything objectionable, which is a flat lie. He also self-righteously demands that lawyers present jurors with their inner emotional struggles, which is an idea with merit, but in his example of how to do it in a closing, he puts forth a miserable false show of, "Oh, if I had this trial to do over again, I'd have been nicer to the poor opposing counsel, because he's just doing his job when he's objecting, and I would have listened to the judge, who just wants you good jurors to hear the best information," to a point that is physically nauseating.
The book is not without gems. I actually applied it recently while prepping a witness. I told my witness that the prosecutor would be rude on cross-examination, but he should respond not to an enemy but to a friend who is just mistaken and needs to be gently but firmly corrected. I also found Spence's treatment of the compassionate cross to be the most comprehensive one that I've read. The high points are outweighed by the enormous pain of this miserable volume, though, and I do not recommend it to anyone. |
| A "Must Read" Book for all Trial Lawyers... | 2010-04-13 | 5 / 5 |
| | Gerry Spence's approach to winning trials is dead on! Take it from the 2009 Orange County Trial Lawyer of the Year-- understanding and taking action on the techniques taught in this book will make you a better trial lawyer. Period! Mitch Jackson at [..] |
| Worth the Read | 2010-04-10 | 4 / 5 |
| | As with all of Spence's books (I've read most but can't say all), this is worth the read.The Lawyer's Song: Navigating the legal wilderness |
| Law Student | 2010-03-26 | 4 / 5 |
| | Great book with solid trial tips. Gerry Spence goes beyond simple tactics and gives you the reason behind the rule. That is the only way you can truly understand why you are doing something at trial. |
| Gives you the edge | 2009-12-10 | 4 / 5 |
| I am not an attorney, however I have done plenty of pro se cases on my own, and I have done a better job than 90% of the attorneys out there. I can say this because, I have hired a few attorneys in my life and most of them are incompetent and really lazy; they'll give an initial sell talk in order to get your money up front.
However, this book gives you personal insight on how to pursue your own case, and some know how of what attorneys handling you case should be doing. It is a must read for those interested in making their case a wining one.
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