Book Review: Trial Advocacy Planning, Analysis and Strategy

REVIEWED BY: THEODORE POLLACK*

Title: Trial Advocacy: Planning, Analysis, and Strategy
Authors: Marilyn J. Berger, John B. Mitchell, Ronald Clark
Publisher: Wolters Kluwer
Edition: Second
Pages: 596
ISBN: 978-0-7355-7144-0
Publication Date: 2008
“Trial Advocacy: Planning, Analysis, and Strategy” and its companion volume of “Trial Advocacy: Assignment and Case Files” provide a primer on the subject of basic trial skills, litigation techniques, and substantive legal material related to litigation. The authors are affiliated with the Seattle University School of Law in teaching capacities related to trial advocacy. Professor Marilyn Berger is the Director of the Comprehensive Trial Advocacy Program; John Mitchell is the director of the Seattle University School of Law Practice Clinic and has taught courses in Evidence, Criminal Law, and Criminal Procedure; Ronald Clark is Distinguished Practitioner in Residence and served as chief of the Criminal Division for the King County Prosecutor’s Office and is the former Senior Training Counsel for the National College of District Attorneys.
“Trial Advocacy: Planning, Analysis, and Strategy” is a thorough and readable introduction to trial advocacy for law students or new practitioners. It covers the various pre-trial issues (e.g. case theory and development, motion practice) and trial stages with a focus on the trial (e.g. opening statement, direct examination, cross-examination, closing, jury instructions, etc.). The related volume, “Trial Advocacy: Assignments and Case Files,” comes with a dvd that contains a movie and factual scenario used for illustrating techniques and procedures as well as material for assignments that flesh out the theoretical structure and content of “Trial Advocacy: Planning, Analysis, and Strategy.” Utilized together the two volumes and multimedia material provide useful instructional material to assist in learning litigation and advocacy skills. These volumes are recommended for trial techniques, law school, and continuing legal education classes.
_________________________________ *Theodore Pollack is the Senior Law Librarian, New York County Public Access Law Library, New York, NY.