Books Catalog

ABA Section of Litigation

Books Catalog

SHOP ALL: ambar.org/LitigationBooks

2

ABA Section of Litigation

Books Catalog

The Section of Litigation has a wide collection of books to help you become a better litigator with exclusive discounts provided to Section of Litigation members.

View our books catalog and add to your personal or law firm library today.

Buy Now at ambar.org/LitigationBooks or call 800.285.2221

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A Brief Guide to Brief Writing: Demystifying the Memorandum of Law

By Janet S. Kole Persuasive brief writing—which involves a combination of legal reasoning and good storytelling—is a skill that can be learned by following the principles in this book. Learn how to construct your client’s story in a manner that effectively shows the court why your client should win.

See p. 14 for more information.

Avoiding Bad Depositions: A Simple Guide to Complex Issues

By Janet S. Kole Avoid mistakes—and malpractice claims—when preparing for depositions by following the advice in this short guide.

To help navigate the minefield of problems inherent in taking and defending depositions, topics covered include an explanation of a deposition and its purpose, how to defend and take depositions, and how to skillfully deal with difficult opponents, problem witnesses, and experts.

See p. 15 for more information.

Chasing Paper: The Keys to Learning About and Loving Discovery

By Janet S. Kole Veteran litigator Janet Kole offers an insightful, humorous, and practical approach to paper discovery, suggesting that it can appeal to young lawyers on several levels so it is less arduous, more satisfying, and more productive.

See p. 16 for more information.

Pleading Your Case: Complaints and Responses

By Janet S. Kole Complaints and answers are called “pleadings” for a reason: they are the initial explanation that you craft as a lawyer to explain your client’s position. But where do you begin?

Pleading Your Case is your first step towards crafting a complaint or response that effectively tells your client’s story.

See p. 17 for more information.

A Streetwise Guide to Litigation

By Kenneth Nolan This engaging collection of articles captures the insights and knowledge of an experienced litigator gained through a successful career in litigation. It’s not the stuff you were taught in law school. This book will inspire and encourage you during your journey of practicing law.

See p. 18 for more information.

Build Your Practice the Logical Way

By Carol Schiro Greenwald and Steven Skyles-Mulligan Consistent, strategic, and sustainable firm growth depends on strong client relationships rooted in practices that are designed to meet the needs and expectations of clients. The authors identify strategies designed to retain your clients and help you grow your business.

See p. 19 for more information.

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Building the Construction Case: A Blueprint for Litigators

By George F. Burns and Michael Bosse This book is a blueprint for the construction litigator from the first client meeting to final case disposition. Examples of cases illustrative of fundamental patterns that all counsel must handle in construction litigation are analyzed and of use to both new and seasoned attorneys in this field.

See p. 20 for more information.

Business Torts: A Practical Guide to Litigation Bradley P. Nelson and Jeffrey R. Teeters, Editors Business torts trials present challenges for both counsel and jurors. This unique resource for practitioners faced with litigating business torts cases provides practical advice for each stage of the case, from pre-litigation investigation to trial, to maximize chances of success.

See p. 21 for more information.

Changing Lives: Lawyers Fighting for Children Lourdes M. Rosado, Editor Without legal representation, the children profiled in this book likely would have gone down a path that was detrimental to their safety, well-being, and ultimately their ability to grow into happy and successful adults. This book illustrates the difference that attorneys can make in the life of a child in need.

See p. 22 for more information.

Civil RICO: A Definitive Guide Fourth Edition

By Gregory P. Joseph This updated edition provides a concise, yet thorough analysis of the major legal issues arising in civil actions litigated under the Racketeer Influenced and Corrupt Organizations Act (RICO). You will be guided through the complex statute and morass of related case law to help you quickly locate the issues pertinent to your case.

See p. 23 for more information.

Discovery Problems and Their Solutions Third Edition

By Charles Samuel Fax, Paul M. Sandler, and Paul W. Grimm More often than not, discovery, and not trial, is the central battleground of a case, making effective discovery crucial.

The need for analytical and strategic guidance on problems related to discovery is essential, and this book fulfills that need by providing invaluable advice for discovery techniques and for associated motion practice.

See p. 24 for more information.

Effective Appellate Advocacy

By Frederick Bernays Wiener Touted as the best guide to appellate advocacy ever written, the author deals exclusively with the timeless question: How can you best persuade an appellate court to decide a case in your favor? Packed with useful examples and clever anecdotes, this book will sharpen your presentation and oral advocacy skills for use at the state, federal, and Supreme Court level.

See p. 25 for more information.

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Humor in the Salt Mines: A Master Lawyer’s Guide to Associate Success

By Asa Rountree Humor in the Salt Mines is a collection of the author’s wellhoned views on how to practice law, offering advice that is timeless and practical, but also humorous. This collection hints at the great pleasure that can be had in aiming for excellence as a lawyer.

See p. 26 for more information.

Fifty-State Survey: The Law of Eminent Domain

By John Casey Pipes, Robert J. Will, and William G. Blake A single resource for eminent domain practitioners, this guide is a reference for eminent domain and condemnation procedures in every state and the District of Columbia. Topics covered include: condemnation proceedings and challenges, just compensation, abandonment, and attorney’s fees.

See p. 27 for more information.

Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois

By Martha A. Mills Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois is an inside look at one woman’s struggle for civil and voting rights in Mississippi and Illinois in the 1960s and 1970s. In this engaging description of a life spent breaking down barriers, Martha Mills describes living and working in an ardent segregationist culture fraught with danger, and filled with both heroes and villains.

See p. 28 for more information.

McElhaney’s Trial Notebook Fourth Edition

By James McElhaney One of the all-time bestselling books on trial practice, this edition covers everything from discovery through rebuttal, and provides techniques, tactics, and strategies for every stage of trial. The information is grounded in actual courtroom experience that litigators want to read, can understand, will enjoy, and will use daily in court.

See p. 29 for more information.

Model Jury Instructions: Construction Litigation Second Edition Edward B. Gentilcore, Melissa A. Beutler, Editors The instructions in this new edition have been prepared to allow construction litigators to present proposed instructions to the judge that either track verbatim these model instructions or are based upon the instructions. These models accurately and impartially present the elements and critical definitions of construction law in language that is understandable and familiar to the average juror.

See p. 30 for more information.

Model Witness Examinations Third Edition

By James Kenway Archibald and Paul M. Sandler The Rules of Evidence are one thing. The mechanics of correctly eliciting facts—in the heat of trial—can be quite another. In this concise handbook, 70 model examinations show you how to deal effectively with practical evidentiary issues that every trial lawyer faces. The models cover a broad variety of basic issues that must be dealt with in direct, cross, and redirect, and the use of depositions and interrogatories.

See p. 31 for more information.

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Nine Principles of Litigation and Life

By Michael Tigar Widely regarded as a top trial lawyer, Michael Tigar reflects on the principles of action that are needed in litigation and in life. Nine Principles of Litigation and Life draws compelling parallels between being a successful trial lawyer and living a purposeful life. Unique and introspective, the book looks at legal history and Tigar’s experiences to craft a message for all trial lawyers about the importance of their work.

See p. 32 for more information.

Parallel Proceedings

By Miriam Weismann This book serves as a central repository of statutes, case law, Department of Justice policy, federal agency policy, litigation strategy, and ethical considerations involving the investigation, prosecution, and resolution of parallel proceedings.

See p. 33 for more information.

Practice Points for Trial Lawyers: A View from Both Sides of the Bench

By Hon. Mark Allen Drummond Designed for aspiring and active trial lawyers, this collection of short works offers Judge Drummond’s perspective and practice points on trial preparation, jury selection, trial presentation, witness examination, and professionalism, as well as the shared wisdom of leading trial lawyers across the country.

See p. 34 for more information.

Preparing for Trial: 60 Days and Counting

By Bruce W. Felmly In these days of the “vanishing trial,” when there are fewer opportunities to learn from the masters, this book is an invaluable guide for trial lawyers needing to focus, prioritize, and prepare for that morning when they alone will say, “Ready, Your Honor.” Preparing for Trial demonstrates how to systematize your approach to the final weeks before trial to assure there are no loose ends in your case, and to limit the stress of a very demanding time.

See p. 35 for more information.

Representing Clients in Mediation

By Spencer M. Punnett II Based on extensive research, this comprehensive, 600-page book helps both experienced counsel and rookies advance their client’s cause more effectively at every stage of the mediation process. Included are insights and advice culled from dozens of interviews with litigators in private practice, inside counsel, mediators, mediation program administrators, and law professors specializing in the field.

See p. 36 for more information.

The Art of Cross-Examination: Essays from the Bench and Bar

Charles B. Gibbons, Editor Decades of articles on cross-examination from Litigation magazine comprise this group of essays, which collectively cover all aspects of the art. Read together, these pieces resemble vigorous conversation on the art of cross-examination amongst skilled advocates, judges, and law professors, sometimes agreeing and occasionally disagreeing and contradicting each other, giving the reader a well-rounded understanding of the subject.

See p. 37 for more information.

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The Attorney-Client Privilege Fifth Edition, Three-Volume Set

By Edna Selan Epstein The work of Edna Selan Epstein has helped thousands of lawyers navigate the increasingly complex area of attorneyclient privilege. In addition to providing a comprehensive overview of the current law of the attorney-client and work product immunities, this edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance.

See p. 38 for more information.

The Curmudgeon’s Guide to Practicing Law

By Mark Edward Herrmann Find out what drives law partners crazy, what will impress them, and the ten mistakes you should avoid. Concise, humorous and full of valuable (but curmudgeonly) insight, this is a must-read for every lawyer and law student.

See p. 39 for more information.

The Ethics of E-Discovery

By John M. Barkett E-discovery has changed litigation across America. This concise book examines the ethical issues associated with e-discovery and provides guidance on how to deal with the new and challenging intersection of electronic discovery and ethics.

See p. 40 for more information.

The Shale Energy Revolution: A Lawyer’s Guide Energy Litigation Committee, Barclay Nicholson and Sarah K. Casey, Editors This book is a one-stop source for shale play information and litigation involving shale plays, and addresses the vast new wave of litigation issues resulting from the fast-paced and unconventional growth of the shale gas industry. Written for practicing attorneys, corporate counsel, and litigators in the field of oil & gas, the topics covered are of interest to both new attorneys and seasoned litigators working on gas and oil litigation issues.

See p. 41 for more information.

Trying Your First Case: A Practitioner’s Guide Nash Long, Editor This “how-to” guide provides exceptional guidance and practical advice for lawyers preparing for their first trial, as well as attorneys who have tried numerous cases. Detailed examples offer insights on how to persuade jurors, prepare efficiently, and present evidence and arguments in a compelling manner.

See p. 42 for more information.

Rantings of a Partner…and Pushback from the Associate Bart L. Greenwald, Editor Law firm partners have no shortage of opinions about associates, and associates have plenty to say about working with partners. This book gives both parties a forum to express their views about the current practice of law. Among the rantings and pushback are invaluable tips and advice for succeeding in a law firm.

See p. 43 for more information.

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A Brief Guide to Brief Writing: Demystifying the Memorandum of Law

List Price:

$39.95

Sponsor Member Price:

$31.97

By Janet S. Kole A Brief Guide to Brief Writing is the third in a series of practice guides by experienced litigator Janet Kole. Covering topics that include ethical principles, lower court/appellate court distinctions, and JDAs, the author’s honest and direct guidelines will help shape the brief writing of both veteran and new attorneys. Finally, her lively instructions on the craft of writing are summarized in seven Persuasive Writing Rules of Thumb: • • • • • • •

Grab the reader with your best, most equitable reason for why your client should win.

Use acceptable but informal formal language.

Use plain jargon-free language.

Use metaphors, allegory, and shorthand phrases very sparingly.

Keep your sentences and paragraphs short.

Use the active voice where possible.

Show the court that your story is the best; don’t tell the court that it is.

This book can be utilized as an outline or a refresher for any type of brief that must be written, whether it’s a main brief or reply brief, and whether it’s before a lower court or appellate court.

ISBN: 978-1-62722-304-1 Product Code: 5310427 2013, 135 pages, 5 x 7 1002496: BRIEF GUIDE TO BRIEF WRITING

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Avoiding Bad Depositions: A Simple Guide to Complex Issues

List Price:

$39.95

Sponsor Member Price:

$31.95

By Janet S. Kole Janet Kole provides another short and helpful guide to litigation, this time to help you through the world of depositions, typically fraught with many issues that lawyers have to deal with. Avoiding Bad Depositions: A Simple Guide to Complex Issues covers everything from what a deposition is to the key issues that arise both during witness preparation and the deposition itself. For example, do you even want to take a deposition?

Why? What will you get out of it? How do you deal with the forgetful witness, the condescending witness, the lying witness? How do you ethically prepare a witness for his or her testimony? This guide will help many practicing lawyers avoid some of the pitfalls associated with the art of taking and defending depositions.

ISBN: 978-1-63425-149-5 Product Code: 5310440 2015, 149 pages, 5 x 7 1003166: A BRIEF GUIDE TO

DEPOSITIONS

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Chasing Paper: The Keys to Learning About and Loving Discovery

List Price:

$39.95

Sponsor Member Price:

$29.95

By Janet S. Kole Paper discovery is about much more than slogging through endless boxes of documents and creating “great billables.”

Effective discovery can reveal the weaknesses in an opponent’s case and expose the weaknesses in your own client’s case.

Yet most associates approach document work with little enthusiasm or curiosity.

Chasing Paper reshapes negative attitudes about paper discovery, and offers concrete, practical tips on all aspects of paper discovery, including: • • • •

What to ask for in a document request How to respond to document requests How to review document requests How to use the documents

It is a rare case that proceeds on testimony alone. The ability to home in on the best documents for your client’s case is as important as the overarching strategy. This book will change the way you view—and do—paper discovery.

ISBN: 9978-1-60442-398-3 Product Code: 5310383 2009, 111 pages, 5 x 7 1001615: CHASING PAPER THE KEYS TO LEARNING ABOUT AND LOV 16

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Pleading Your Case Complaints & Responses

List Price:

$39.95

Sponsor Member Price:

$31.96

By Janet S. Kole When you think of pleading your client’s case, you undoubtedly envision delivering a stirring oral argument in front of a judge or a jury. While that is certainly the endgame in litigation, it is not the beginning. In Pleading Your Case, author Janet Kole offers new and experienced litigators step-by-step advice through the phases of drafting a complaint or response and provides helpful tips and strategies to make your pleadings more effective.

Pleadings do not need to be dry. They can and should convey your fervent belief in your client’s cause. This book shows you how to accomplish that.

ISBN: 978-1-61632-829-0 Product Code: 5310403 2011, 119 pages, 5 x 7 1000216: PLEADING YOUR CASE

COMPLAINTS AND RESPONSES

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A Streetwise Guide to Litigation

List Price:

$59.95

Sponsor Member Price:

$47.95

By Kenneth Nolan The practice of law is demanding and stressful and at times overwhelming. Author Kenneth Nolan shows you how to survive and succeed as a litigator by sharing his experiences in various stages of litigation. Written in an engaging voice with wisdom and good humor, his advice will pick up where the classroom left off, mentoring your through handling a case and also with managing any difficulties you may encounter as a litigator. Article topics include: • • • • • •

Acquiring business How to take depositions Settlement negotiations Selecting a jury Opening and closing arguments Examinations

Kenneth Nolan specializes in personal injury and wrongful death litigation. He has tried cases in the fields of aviation, medical malpractice, construction, the automotive industry, and contract law, and has litigated in both state and federal courts throughout the country.

ISBN: 978-1-61438-755-8 Product Code: 5310418 2013, 205 pages, 6 x 9 1002393: A STREETWISE GUIDE TO LITIGATION

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Build Your Practice the Logical Way

List Price:

$79.95

Sponsor Member Price:

$63.96

By Carol Schiro Greenwald and Steven Skyles-Mulligan Good clients are at the heart of any successful professional practice. This is well-known, but not all professionals put in the time and effort to understand who their best clients are, what they really value, and how to build stronger relationships.

This guide will help you tend to what is already most rewarding, both intellectually and financially, in your practice: the clients who value you most and with whom you most value working. Clients will fuel your firm’s success and growth. The steps outlined are straightforward, strategic, and significantly important for your practice’s long-term health and viability.

Topics include: • • • • •

Focusing on your clients Using value to create a foundation of loyalty Mastering communication techniques to build a client-centric practice Researching and understanding your current practice Building and growing your practice

Build Your Practice the Logical Way will help you maximize your client relationships and keep your firm on the track for success. Includes CD-ROM. ISBN: 978-1-61438-441-0 Product Code: 5310411 2012, 260 pages, 6 x 9 1002346: BUILD YOUR PRACTICE THE

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Building the Construction Case: A Blueprint for Litigators

List Price:

$89.95

Sponsor Member Price:

$71.96

By George F. Burns and Michael Bosse George Burns and Michael Bosse apply their decades of practice in this book, giving construction litigators general principles that are typically encountered at the crossroads of substantive construction law and litigation, with an emphasis on practice and methodology. Topics include: • • • • • •

Understanding your client Interpreting the contract Contract terms Prosecuting and defending damage claims Discovery and document management Defending and attacking expert testimony

Building the Construction Case: A Blueprint for Litigators is a practice-oriented guide that will help lawyers build their cases on a strong foundation and avoid traps for the unwary.

ISBN: 978-1-62722-699-8 Product Code: 5310432 2014, 187 pages, 6 x 9 1002346: BUILD YOUR PRACTICE THE LOGICAL WAY

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Business Torts: A Practical Guide to Litigation

List Price:

$79.95

Sponsor Member Price:

$63.96

Bradley P. Nelson and Jeffrey R. Teeters, Editors While there are many aspects of litigating and trying business torts cases that distinguish them from other types of cases (personal injury, medical malpractice, or intellectual property, for example), there are no “start-to-finish” guidebooks offering practical litigation advice unique to these cases. The ABA Section of Litigation’s Business Torts & Unfair Competition Committee developed this book as guidance on the nuances of taking business torts cases from investigation through trial.

Views from seasoned litigators, consultants, and the bench offer valuable insight regardless of which side of the “v.” you find yourself on.

Business Torts: A Practical Guide to Litigation is meant to serve as a resource for practitioners—one that provides practical advice for each stage of a business torts case, from pre-litigation investigation to pleadings, motion practice, written discovery, depositions, summary judgment, trial preparation, and trial.

ISBN: 978-1-62722-612-7 Product Code: 5310431 2014, 236 pages, 6 x 9

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Changing Lives: Lawyers Fighting for Children

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$49.95

Sponsor Member Price:

$39.96

Lourdes M. Rosado, Editor Changing Lives: Lawyers Fighting for Children demonstrates the critical role that attorneys play in changing the life courses of our most at-risk children. Each chapter portrays a real-life case of a child in crisis and describes in detail the lawyering that was brought to bear to achieve the best outcome for that child. In describing these cases, the authors share a wealth of valuable information—including primers on relevant statutory and case law, tips on conducting investigations, advice on utilizing experts, guidance on including social workers and other child-serving professionals on the legal team, and multiple checklists for motion practice and trial advocacy—that will assist practitioners in various areas of the law, including: • • • • • • • • •

Child welfare (abuse and neglect) Juvenile delinquency Transfer (waiver) from adult criminal court Immigration School discipline Special education Mental health Runaway and homeless youth Impact litigation to promote systemic reform

The authors hope to raise awareness about the need for legal representation for children and to encourage and support attorneys who advocate for children, both those who do this as a full-time vocation and members of the private bar who undertake pro bono representation.

ISBN: 978-1-62722-508-3 Product Code: 5310429 2014, 149 pages, 6 x 9 1002827: LITIGATING CHILDRENS CASES 22

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Civil RICO A Definitive Guide, Fourth Edition

List Price:

$129.95

Sponsor Member Price:

$103.95

By Gregory P. Joseph Well-organized and indexed, Civil RICO: A Definitive Guide identifies all major emerging issues in civil RICO litigation and advises you on the current developments, including: • U.S. Supreme Court and circuit court rulings • Circuit splits on important issues • Congressional amendments to RICO and predicate act statutes Civil RICO: A Definitive Guide identifies salient issues to facilitate clarity in the analysis and resolution of RICO disputes by identifying those issues that are settled, segregating those that are not, and addressing practical problems posed by the lingering uncertainty of outcome determinative legal standards. The guide includes extensive footnotes throughout, a copy of the statute, a table of cases, and a topical index for your ready reference. Whether or not you are well-versed with RICO, you will find this highly readable analysis of the key issues and cases useful to your practice.

The guide includes a copy of the statute, a table of cases, and a topical index for your ready reference.

ISBN: 978-1-63425-124-2 Product Code: 5310441 2015, 405 pages, 6 x 9 BUDGET?

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Discovery Problems and Their Solutions, Third Edition

List Price:

$99.95

Sponsor Member Price:

$79.95

By Charles Samuel Fax, Paul M. Sandler, and Paul W. Grimm Today, lawyers and clients devote a great deal of time, effort, and expense to discovery. Discovery is the inescapable, enduring feature of modern civil litigation. Since 1960, the United States civil justice system has witnessed a litigation explosion and trial implosion. The number of cases has skyrocketed, but the number of trials has declined—both proportionately and, in federal court, absolutely. Putting aside all other issues raised by the vanishing trial phenomenon, it clearly accentuates the critical importance of discovery. Parties evaluate cases, and make judgments about settlement value and other disposition techniques, in light of the evidence gathered in discovery. Effective discovery is crucial.

The authors interweave practical advice with salient case law and keen observations honed by decades of experience.

Important developments since the Second Edition was published in 2009 are reviewed, including the December 1, 2010, expert witness amendments to the Federal Rules of Civil Procedure. This edition also continues its keen focus on practice under the 2006 electronic discovery amendments to the Rules. Electronic discovery is inherently different from other types of discovery, and this book insightfully takes those differences into account. Discovery Problems and Their Solutions teaches effective discovery and is a resource for both new and experienced attorneys.

ISBN: 978-1-61438-958-3 Product Code: 5310422 2013, 629 pages, 7 x 10 1002611: DISCOVERY PROBLEMS AND THEIR SOLUTIONS THIRD EDITION 01.05.15310.3000201.01513

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Effective Appellate Advocacy

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$110.00

Sponsor Member Price:

$95.00

By Frederick Bernays Wiener Revised for the contemporary litigator, Effective Appellate Advocacy was first published in 1950 and subsequent editions published in 1961 and 1967. The Litigation Bookshelf edition takes the 1950 edition as a starting point and incorporates material from the 1961 and 1967 editions, but eliminates material now obsolete. Frederick Bernays Wiener’s distinctive voice—a combination of wit, strong opinions, and a superb writing style—remain. The advice contained within these pages is as practical and useful, it style as clear and distinctive, and its opinions as forceful and pungent as the day the book first appeared.

One of the great appellate lawyers, Wiener tells you how to most effectively prepare a brief and argue a case on appeal, and how to challenge and command the attention of the court. With useful advice and forceful opinions, this book will also help you: • • • • • •

Formulate effective statements of fact Present convincing evidence Write the most effective briefs Perform sound analysis of legal problems Make your openings and closings more effective Use questions from the bench to your advantage

ISBN: 978-1-59031-234-6 Product Code: 5310333 2004, 269 pages 1000178: EFFECTIVE APPELLATE Buy Now at ambar.org/LitigationBooks or call 800.285.2221

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Humor in the Salt Mines A Master Lawyer’s Guide to Associate Success

List Price:

$24.95

Sponsor Member Price:

$18.95

By Asa Roundtree Asa Rountree’s memos helped shape generations of lawyers who had the good fortune to work with him. This book collects those memos, making them available to a wider audience to help spread his wisdom. Included in this book are Asa’s memos on: professionalism, client relationships, confidentiality, styles of writing, attorneyclient privilege and work product doctrine, settling a case, and many more. At the direction of Helen Hill Rountree, the proceeds of this book will be used to help finance good works of the ABA Section of Litigation, of which Asa was a founding member and chair.

ISBN: 978-1-62722-173-3 Product Code: 5310423 2013, 121 pages, 5 x 7 1002654: HUMOR INTHE SALT MINES

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Fifty-State Survey: The Law of Eminent Domain

List Price:

$169.95

Sponsor Member Price:

$149.95

William G. Blake, Editor and John Casey Pipes and Robert J. Will, Committee Co-Chairs This compendium is intended to provide succinct answers to the fundamental questions in the area of eminent domain and condemnation procedure not only for practitioners in this field, but also for academic study and comparisons between jurisdictions. Each state chapter is written by experienced eminent domain practitioners in that jurisdiction, and many can be recognized as the most experienced and knowledgeable condemnation practitioners in the United States today. Each state outline is organized in the following manner: • • • • • • • • •

Who is eligible to condemn?

What can be condemned?

The condemnation proceedings Procedure to challenge condemnation Inverse condemnation Just compensation issues How are various ownership interests treated?

Abandonment Attorney’s fees and costs

ISBN: 978-1-61438-606-3 Product Code: 5310412 2012, 598 pages, 7 x 10 1002352: FIFTY STATE SURVEY THE LAW OF EMINENT DOMAIN

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Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois

List Price:

$59.95

Sponsor Member Price:

$47.95

By Martha A. Mills Lawyer, Activist, Judge: Fighting for Civil and Voting Rights in Mississippi and Illinois is the story of Martha A. Mills, who worked to bring justice to a place where injustice thrived. In this compelling and fascinating account, Mills describes her journey to Mississippi as a young civil rights lawyer in the late 1960s after joining the Lawyers’ Committee for Civil Rights Under Law. She boldly challenged the racial status quo and racial barriers in the south, risking her personal safety in the process. Yet she looked racist judges, lawyers, lawmen, and Ku Kluxers in the eye—never backing down, in court or out. Mills’s work as a civil rights activist continued through to her work as a judge in Cook County, Illinois.

The history and early struggles under the Voting Rights Act of 1965 are of crucial importance to those who will today litigate renewed attempts to limit the ability of persons of various classes to vote, blacks, minorities, the poor, the young, and the poorly educated. The book takes a look at some major cases, including a million dollar verdict against the Ku Klux Klan, milestone Supreme Court cases involving the 1871 Civil Rights Act and the 1965 Voting Rights Act, and more.

ISBN: 978-1-63425-131-0 Product Code: 5310443 2015, 356 pages, 6 x 9 BUDGET?

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McElhaney’s Trial Notebook Fourth Edition

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$64.95

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$54.95

By James McElhaney Expanded, updated, and revised by the author, this edition of Trial Notebook includes 30 years of James McElhaney’s clear, graceful, and entertaining writing. Nearly a third larger than the previous edition, the book includes 90 chapters that cover every stage of trial. Topics include: preparation, humanizing the client, rules of evidence, examining witnesses, being persuasive, and closing arguments.

As a practitioner and professor, author James McElhaney knows his subject better than anyone and he executes eloquently the responsibility of passing on the art and science of trial advocacy. Used again and again by thousands of trial lawyers, Trial Notebook is certain to improve the effectiveness of your advocacy.

ISBN: 978-1-59031-503-3 1590315030 Product Code: 5310348 2006, 771 pages, 6 x 9 1000954: MCELHANEYS TRIAL NOTEBOOK FOURTH EDITION

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Model Jury Instructions: Construction Litigation Second Edition

List Price:

$149.95

Sponsor Member Price:

$119.95

Edward B. Gentilcore Melissa A. Beutler, Editors Updating the original book published in 2001, the second edition of Model Jury Instructions: Construction Litigation supplies modifications to jury charges where the law has changed, and provides additional case law support where courts have issued new opinions and states that had not been included in the citations in 2001 have now taken a position.

Construction jurisprudence is limited in many states due to resolution through arbitration, necessitating reliance on secondary sources for guidance in this area. This compilation of instructions aims to be a reliable source for resolving conflict over jury instruction language.

The instructions allow for easy adaptation to particular cases or points. The instructions cover: contract formation, contractor’s obligations before bidding, bidding, implied terms of contract, changes and extra work, delay and disruption, breach of contract, breach of warranty, termination, defenses, damages, and payment.

ISBN: 978-1-63425-153-2 Product Code: 5310439 2015, 451 pages, 7 x 10

1003198: MODEL JURY INSTRUCTIONS CONSTRUCTION LITIGATION 2ND ED

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Model Witness Examinations

List Price:

$39.98

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Third Edition

$31.98

By James Kenway Archibald and Paul M. Sandler Model Witness Examinations—written by two experienced, highly skilled litigators—gives you trial-proven sequences of questions that translate the Rules of Evidence into examinations that will correctly prove facts and are easily molded to your specific case. This edition includes new models and updated citations, providing litigators with a clear delineation of the law and issues and a clearly defined structure for proving facts, as well as sophisticated tactics and strategies. Each model starts with a description of a fact situation and is followed by the examination in Q & A format. Following each examination, the authors cite and explain the key cases, rules, and secondary authorities—citations that are readily accessible, even in midtrial—and provide tactical and strategic guidance.

Models cover: • Documents • Best evidence or original document problems • Demonstrative and real evidence • Opinions of the lay witness

• • • •

Opinions of the expert Character, habit, and custom General interest Prior inconsistent statement; use of textbooks

• Redirect • Depositions • Interrogatories

Model Witness Examinations is a hands-on guide and a powerful research tool ... before and during trial.

ISBN: 978-1-59031-348-0 Product Code: 5310399 2010, 297 pages 1001569: MODEL WITNESS EXAMINATIONS THIRD EDITIONS

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Nine Principles of Litigation and Life

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$39.95

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$29.95

By Michael Tigar Author Michael Tigar writes that “we are in danger of losing our way—to the courthouse, to justice, to principles of living that sustain us.” To stay on the path, or to find your way back, Tigar advocates for and examines nine principles of action needed in litigation and in life: • Courage • Rapport • Skepticism

• Observation • Preparation • Structure

• Candor • Empowerment • Presentation

The result is a book about trying cases, but he also suggests a way of living as well as of doing.

ISBN: 978-1-60442-400-3 Product Code: 5310382 2009, 290 pages, 5 x 7 1001418: NINE PRINCIPLES OF LITIGATION AND LIFE

32

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Parallel Proceedings

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$89.95

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$71.95

By Miriam Weismann The term parallel proceedings refers to the simultaneous or successive investigation or litigation of separate criminal, civil, or administrative proceedings commenced by different agencies, different branches of government, or private litigants arising out of a common set of facts. Parallel Proceedings: Navigating Multiple Case Litigation is a comprehensive review of the subject matter of parallel proceedings that will familiarize practitioners, researchers, and students with the subject and demystify the workings of parallel cases.

The types of cases most frequently involved in parallel proceedings are reviewed in detail. These include the False Claims Act and Qui Tam proceedings, securities cases, commodities cases, bankruptcy cases, environmental investigations, health care fraud and abuse, tax cases, financial institution fraud, and claims of third party insurers. Coverage also includes the evidence collection tools that facilitate information sharing in various degrees in parallel proceedings; these include search warrants, grand jury subpoenas, Inspector General subpoenas, Authorized Investigative Demands (AIDs), Civil Investigative Demands (CIDs), the federal discovery rules, administrative summonses, and other such discovery mechanisms. The book also addresses recent developments of the law in the field of international parallel proceedings.

ISBN: 978-1-61438-107-5 Product Code: 5310409 2011, 172 pages, 6 x 9 1002212: PARALLEL PROCEEDINGS

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Practice Points for Trial Lawyers: A View from Both Sides of the Bench

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$59.95

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$47.95

By Hon. Mark Allen Drummond The most excruciatingly intense period of time is that brief period when the foreperson hands the verdict to the bailiff, who hands it to the judge, who hands it to the clerk to read. All of the months and years of education, training, and preparation are crystalized into that one unique point in time. For a trial attorney, it is the ultimate high—or the ultimate low. Practice Points for Trial Lawyers is designed for those who are or aspire to be trial lawyers, and for those who are actually preparing to try cases.

Judge Mark A. Drummond’s experience includes 20 years in front of the bench trying cases and another 15 years on the trial bench. In this book, he shares his unique perspective from both sides of the bench, focusing on trial preparation, jury selection, trial presentation, witness examination, and professionalism.

ISBN: 978-1-63425-228-7 Product Code: 5310444 2015, 139 pages, 6 x 9 1003297: PRACTICE POINTS FOR LITGATORS – A VIEW FORM BOTH SIDES OF THE BENCH

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Preparing for Trial: 60 Days and Counting

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$59.95

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$47.95

By Bruce W. Felmly Whether one is counsel for plaintiff or the defense, in a larger case or a smaller one, the essential process of preparation in the final months before trial is the same, notwithstanding the fact that every case is unique, every court has different rules, and every judge has personal preferences. In recent years, detailed trial rules have proliferated in our jurisdictions, just as the tolerance of courts and judges for ignorance (or knowing non-compliance) of those rules has lessened. When these facts are coupled with client expectations, there is precious little room for “learning by doing” in preparing a case for trial.

Peppered with personal anecdotes that demonstrate the author’s humanity, Bruce Felmly advocates that meticulous, exhaustive preparation will get you through. Preparation for trial will help you withstand the pressure, stress, and exhaustion of the process, but also sustain you in the times that you lose, knowing you did the absolute best that you could. The methods and tactics explained in this book will make your experiences more successful and satisfying.

ISBN: 978-1-63425-000-9 Product Code: 5310437 2015, 107 pages, 6 x 9

1003164: SIXTY DAYS AND COUNTING A PRACTICAL GUIDE FOR TRIAL PREPARATION

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Representing Clients in Mediation

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$89.95

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$76.50

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By Spencer M. Punnett II

$71.95

Representing Clients in Mediation is a guide to optimal results, designed for lawyers of all experience levels who need to help their clients mediate legal disputes that typically involve a claim for damages. Spencer Punnett’s extensive research offers multiple perspectives on the best way to handle various aspects of mediation advocacy, and gives step-by-step advice covering the entire mediation sequence.

Why is a party’s second number often the most revealing in negotiations? Should you “hold something back” for trial? What are “hallway moments,” and how can they help you? Should you ever tell the mediator your bottom line? You’ll find answers to these questions and many, many more in Representing Clients in Mediation. Also explained: • • • •

Creating a “plan for movement” in offers and counteroffers Spotting the chance to “arbitrage” a deal point Using “zingers” to create positional vulnerabilities for your opponent Mediation prep and its potential for cementing client relationships

• • •

How miscommunication through numbers can cause lost opportunities Perils of the “fatigue factor” Breaking impasse—the pros and pitfalls of mediators’ techniques

Every chapter also includes a variety of standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Lawyers can take advantage of the experience of many thoughtful mediation experts through the information in this book, helping them obtain good results for clients.

ISBN: 978-1-61438-757-2 Product Code: 5310417 2013, 591 pages, 6 x 9 1002535: REPRESENTING CLIENTS IN MEDIATION

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The Art of Cross-Examination Essays from the Bench and Bar

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$49.95

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$39.96

Charles B. Gibbons, Editor This indispensable collection of articles from Litigation magazine provides trial lawyers a blueprint for success in the art of effective cross-examination. With tips ranging from technical to practical, a lawyer preparing for cross-examination will find guidance on every angle: impeachment; how to prepare and ask questions; timing; and examining various types of witnesses.

With skill that can only come from vast trial experience, Charlie Gibbons reviewed and analyzed articles spanning the course of forty years, extracting key principles on the art of cross-examination that are essential for trial lawyers to master. This is a must read for every lawyer who will cross-examine a witness before a jury. A great how-to book for the inexperienced trial lawyer and an effective reminder to the experienced litigator about why it’s called the “art” of cross-examination.

ISBN: 978-1-62722-579-3 Product Code: 5310430 2013, 2014, 331 pages, 6 x 9 1002924: THE ART OF CROSS EXAMINATION ESSAYS FROM THE BENCH

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The Attorney-Client Privilege Fifth Edition, Three-Volume Set

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$274.95

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$219.95

By Edna Selan Epstein Practical, accurate, reliable, and clear, the fifth edition of The Attorney-Client Privilege is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden. Hard as it is to believe, when the first edition of this book was published in conjunction with a panel discussion presented at the American Bar Association’s annual meeting in 1979, this topic was a relatively new one for litigators to consider. Today, there is hardly a case litigated, at least in the federal courts, where the issue of privilege does recur repeatedly, requiring untold amounts of lawyer resources to review for privileges and judicial time to determine whether assertions of privilege and work product protection are correctly asserted.

Author Edna Selan Epstein has created a book that will assist the litigator in an ever-growing forest of cases in which nonetheless the decisional guideposts have not changed much over that quarter of a century.

ISBN: 978-1-59031-804-1 Product Code: 5310363 2007, 1,850 pages, 6 x 9, 3-Volume Set 1001303: ATTORNEY-CLIENT PRIVILEGE, 5e

38

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The Curmudgeon’s Guide to Practicing Law

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$34.95

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$24.95

By Mark Edward Herrmann The “Curmudgeon” has been practicing law for just a little too long, and he may be too jaded for his own good.

Beneath his crusty exterior, however, lies a fount of wisdom. The Curmudgeon knows everything about the legal profession, and he’s willing to share his keen observations from the corner office. He offers practical and honest, if blunt, advice for surviving and thriving in a law firm. He tells you what you need to know about billing, managing your assistant, drafting internal memos, dealing with clients, and building your law practice. This is everything you ever wanted to know about law practice but were afraid to ask.

Read The Curmudgeon’s Guide to Practicing Law and learn how to make yourself valuable prove to your firm that you are indispensable, opening the door to opportunity. Order multiple copies for your firm! Discounts available. The student price of $19.95 is available to all law students. Call the ABA Service Center at 1-800-285-2221 for more information.

ISBN: 978-1-59031-676-4 Product Code: 5310356 2013, 135 pages, 5 x 7 1001249: THE CURMUDGEONS GUIDE TO PRACTICING LAW

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The Ethics of E-Discovery

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$69.95

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$54.95

By John M. Barkett Judges are dealing with e-discovery issues unheard of ten years ago. Arbitrators are trying to figure out its impacts in international and domestic arbitration. Lawyers are working their way through a new and ever-changing field that is creating significant ethical and malpractice concerns.

The Ethics of E-Discovery dives into the thorny issues associated with e-discovery and teaches litigators how to navigate the area through the lens of the ABA Model Rules of Professional Conduct. This resource covers five key areas: • • • • •

Why electronically stored information is different from paper Federal e-discovery rules E-discovery under the Model Rules of Professional Conduct Qualcomm v. Broadcom Outsourcing e-discovery

ISBN: 978-1-60442-256-6 Product Code: 5310380 2009, 125 pages, 6 x 9 1001582: THE ETHICS OF DISCOVERY

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The Shale Energy Revolution: A Lawyer’s Guide

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$59.95

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$44.95

Energy Litigation Committee, Barclay Nicholson and Sarah K. Casey, Editors Written by members of the ABA Section of Litigation’s Energy Litigation committee, this book addresses the explosion of litigation issues stemming from the growth of the shale gas industry. The book begins with an overview of the geology, exploration, drilling, and production of shale plays, and introduces the shale plays and their individual properties regionally. Common litigation issues in shale plays are identified, including recovery of personal injury and property damages related to hydraulic fracturing, lawsuits between governmental entities, and challenges to disclosure regulations related to the chemicals used in hydraulic fracturing. Also highlighted are water rights and water use, as competition for water and a significant uptick in regulation related to the use of water will generate litigation related to the use of water in oil and gas operations. The authors also provide a broad regional overview of the statutory and regulatory schemes that govern water use in oil and gas producing states, and highlight potential areas for disputes.

ISBN: 978-1-62722-854-1 Product Code: 5310434 2015, 214 pages, 6 x 9 1002801: SHALE GAS LITIGATION

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Trying Your First Case: A Practitioner’s Guide

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$69.95

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$55.96

Nash Long, Editor Trying Your First Case: A Practitioner’s Guide is a collective work of the ABA Section of Litigation’s Trial Practice Committee, intended to educate lawyers in trial practice development. This resource is important not just for the individual lawyer, but for the justice system as a whole. The rationale for our adversarial system of justice—that truth is more reliably determined by the clash of opposing viewpoints—presupposes a basic level of competency between advocates. Thus, for the system to produce the best results, the players must play their roles well. Trying Your First Case gives lawyers a “playbook” to use in preparing and presenting a case for trial. Topics examined include: • • • •

Importance of an effective trial theme Jury instructions Opening statements Cross-examination

• Dealing with expert witnesses • Closing arguments • Post-trial proceedings

Each chapter is written by an experienced lawyer or trial consultant, resulting in decades of trial expertise in the form of a valuable playbook. Trying Your First Case is a great resource to prepare for trial and for enhancing advocacy skills in the courtroom.

ISBN: 978-1-62722-733-9 Product Code: 5310433 2014, 260 pages, 6 x 9 1002808: TRYING YOUR FIRST CASE NUTS AND BOLTS OF TRIAL

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Rantings of a Partner…and Pushback from the Associate

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$39.95

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$29.95

Bart L. Greenwald, Editor The issues represented in this book come from partners and associates across the country espousing themes like enjoy your work, give associates meaningful assignments, teach your associates how to market, and “own” your work. Some of the material is funny. Some of it is eye-opening. Some of it you will disagree with and dismiss. But all of it can be educational—and can help make you a better lawyer.

Topics include: • Research and writing • Mentoring and development • Client relations and marketing • The case • Office politics and etiquette • Tips for success

ISBN: 978-1-61438-048-1 Product Code: 5310406 2001, 224 pages, 6x9

1002004: RANTINGS OF A PARTNER AND PUSHBACK FROM THE ASSOC

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