Trial Advocacy Resources
Updated Jan. 17, 2012.
Prepared by Mary Whisner.
Prepared for Prof. Maureen Howard's Trial Advocacy classes.
This guide lists selected sources that students of trial advocacy – and trial lawyers – may use to develop their skills, pick up tips, learn about scholarship and research in the area, and stay current with new developments.
I've marked sources that include video with V.
American Bar Association Section of Litigation and the Center for Continuing Education, 73 Ways to Win (2001). KF8915 .S48 2001 at Reference Area.
Video (VHS). Seventy-three of the country's top legal advocates collaborate to present litigation tips and practical advice on improving trial practice, as they illustrate the evolution of a case from the beginning through to its appeal. V.
David Berg, The Trial Lawyer: What It Takes to Win (2006).
KF8915 .B448 2006 at Classified Stacks. Book plus two DVDs. V.
Marilyn J. Berger, John B. Mitchell & Ronald H. Clark, Trial Advocacy: Planning, Analysis, and Strategy (2d ed. 2011).
KF8915 .B45 2008 at Reference Area
This item and the next title were written by Seattle University professors. The Evidence volume has an accompanying DVD. The actors are local lawyers and judges (including some UW Trial Ad instructors). V.
Evidence: Skills, Strategies, and Assignments for Pretrial and Trial (2012).
KF8935 .B398 2012 at Reference Area
Ralph Adam Fine, The "How-to-Win" Trial Manual: Winning Trial-Advocacy in a Nutshell (2011).
KF8915 .F54 2011 at Classified Stacks. Includes "test yourself" section, with answers.
Steven H. Goldberg, Tracy Walters McCormack, The First Trial: Where Do I Sit? What Do I Say? in a Nutshell (2d ed. 2009).
KF8915 .Z9 G59 2009 at Reference Area
A.G. Harmon, The Complete Advocate: A Practice File for Representing Clients from Beginning to End (2010).
KF300 .H368 2010 at Classified Stacks
Brian K. Johnson & Marsha Hunter, The Articulate Advocate: New Techniques of Persuasion for Trial Lawyers (2009).
KF8915 .J64 2009 at Classified Stacks
Cecil C. Kuhne, III, Building Your Best Argument (2010).
KF8915 .K784 2010
Thomas A. Mauet, Trial Techniques (8th ed. 2010).
KF8915 .M38 2010 at Reference Area
Thomas A. Mauet, Trials: Strategy, Skills, and the New Power of Persuasion (2d ed. 2009).
KF8915 .M384 2008 at Reference Area. Includes DVD. V.
Larry Pozner & Roger J. Dodd, Cross-Examination Skills for Law Students (2009).
KF8920 .P69 2009 at Reference Area
G. Christopher Ritter, Powerful Deliberations: Putting It All Together for the Jury (2009).
KF8972 .R58 2009 at Classified Stacks
Stephen Saltzburg, Trial Tactics (2d ed. 2009).
KF8915 .S35 2009 at Classified Stacks
Paul Mark Sandler, Anatomy of a Trial: A Handbook for Young Lawyers (2011).
KF8915 .S24 2011 at Classified Stacks. Published by the ABA.
Daniel I. Small, Preparing Witnesses: A Practical Guide for Lawyers and Their Clients (2009).
KF8950 .S63 2009 at Classified Stacks
Irving Younger, Trial Evidence Series (NITA).
KF8935 .Y68 1982 at Reference Area. Even though this is old, this 14-tape set (VHS) is still useful. Irving Younger was renowned for his ability to explain the rules of evidence. V.
Irving Younger, The Ten Commandments for Cross-Examination (1998).
KF8920 T46 2000 at Reference Area. DVD. V.
For more, search the catalog for the subject heading: Trial Practice.
Ten Minute Mentor is an online collection of short videos "from leading lawyers in their area of expertise," produced by the Texas Bar and the Texas Young Lawyers Association. Check out the Trial category. V.
Trial Tips Newsletter is a free email newsletter from Elliott Wilcox, a Florida lawyer. The articles are short and practical.
- Criminal Trial Procedure (1992)
- The Final Pretrial Conference and the Civil Trial (1991)
- Administration of the Jury System and Selection of a Jury (1995)
The National Center for State Courts is a great resource for facts sheets, studies, and reports about court administration. Topic categories include jury selection, evidence storage and handling, family courts, indigent, and many more.
Bureau of Justice Statistics (U.S. Department of Justice) provides criminal justice statistics, both state and federal.
Transactional Records Access Clearinghouse (TRAC) provides "comprehensive, independent, and nonpartisan information about federal enforcement, staffing, and spending." Statistical reports of court caseloads are here.
Washington State Courts Resources, Publications, and Reports includes annual summary of legislation of interest to the courts.
RAND Institute for Civil Justice offers "interdisciplinary, empirical approach to public policy issues."
Harry Kalven, Jr. & Hans Zeisel, The American Jury (1986 reprint of 1970 work). The classic work.
KF8972 .K34 1986 at Classified Stacks or (1966 edition), KF8972 .K34 1966 at Classified Stacks
Analyzing Law's Reach: Empirical Research on Law and Society (John Heinz ed. 2007).
Collection of journal articles by researchers from the American Bar Association. A good sampling of empirical legal research.
KF389 .A45 2007 at Classified Stacks
Sean G. Overland, The Juror Factor: Race and Gender in America's Civil Courts (2009).
KF8972 .O94 2009 at Classified Stacks
Cass R. Sunstein et al., Punitive Damages: How Juries Decide (2002).
KF1249 .P86 2002 at Classified Stacks.
For more books, search the catalog using combinations of jury, psycholog*, sociolog*, decision making, trial practice, law - social aspects.
SSRN offers subject-specific "journals" collecting recent papers on these topics:
- Law & Courts eJournal
- Law & Psychology eJournal
- Law & Society: Civil Procedure eJournal
- Law & Society: Courts eJournal
- Law & Society: Criminal Procedure eJournal
- Law, Cognition, & Decisionmaking eJournal
- Litigation, Procedure & Dispute Resolution eJournals
ABA sections and projects
- Commission on the American Jury Project
- Section of Litigation
- subject groups -- e.g., Criminal Justice Section, Tort Trial & Insurance Practice Section
American Association for Justice (formerly Association of Trial Lawyers of America). Civil plaintiffs attorneys.
- Washington State Association for Justice (formerly Washington State Trial Lawyers Association)
Defense Research Institute. Civil defense attorneys.
State & Local
Washington State Courts news: Browse press releases or sign up for email alerts. Washington State Courts E-Clips Service (Judicial News) is email service linking to news stories. Sign up here for notifications of changes to courts rules and pattern instructions, new appellate opinions, and more.
Legal newsletters from Bloomberg BNA: Class Action Litigation Report, Digital Discovery & e-Evidence, Expert Evidence Report, U.S. Law Week.
Brennan Center for Justice (NYU Law) E-Lerts on Fair Courts: "To alert activists, scholars, and journalists to important developments concerning judges and the judiciary, each day the Brennan Center reviews a wide array of newspapers and periodicals for articles and commentary related to judicial independence issues (broadly defined), and once a week we post a short summary of these pieces, with corresponding citations."
- Fair Courts YouTube page includes profiles of minority judges, including a number from Washington State. V.
Trial Ad (and other) Notes - a variety of notes and news items, often about Washington State. If you'd like to share an item, send a note to whisner [at] uw.edu.
LitigationWorld - weekly newsletter "with a helpful tip on electronic discovery, litigation strategy, or litigation technology that you can immediately use. She'll also point you to the most important litigation articles published on the Web so that you won't miss anything," edited by Kimberlee L. Gunning of Terrell Marshall & Daudt PLLC, Seattle.
ABA Journal's Blawg Directory
Famous Trials is a website developed by UMKC law professor Douglas O. Linder. It includes material on dozens of famous trials (from Socrates to Zacarias Moussaoui), including summaries, transcripts, pictures, and commentary.
The Law Library has hundreds of books about individual trials, many including excerpts of transcripts. To sample them, browse the Classified Stacks around KF224 and KF228.