Going to court

Author: Daniel E. Sturm
Publisher:
Publish Date: 2005-03-01
Features: "Selected Translations for Lawyers' Careers and Lives" is the first comprehensive introduction of lawyer career guidance books in China. It is a collaboration between the Legal Press and the American Bar Association, published in 2005 primarily based on the recommended reading list of the American Bar Association. The series includes four books: "Keeping Good Lawyers," "The Legal Profession Is Negotiation," "Finding Witnesses," and "Going to Court." This series adopts the perspective of "Careers and Lives," focusing on the balance between lawyers' professional and personal lives to help them build satisfying careers and lives, becoming "happy lawyers." As a practical guide for lawyers, its approach and writing style are significantly different from common domestic legal practice books, emphasizing how to achieve the best results in every aspect of a lawyer's work. For those considering a career in law, such as those planning to study law at a university or take the judicial examination to obtain a lawyer's license, reading this series before making their career decisions may help them seriously consider and determine whether they truly want to become lawyers, gaining a clear understanding of the legal profession and career. For new lawyers, reading this series can help them start planning their careers earlier; for experienced lawyers or partners with many years of practice, the content of this series will resonate with them and provide inspiration.
How does "Going to Court—Lawyer Trial Winning Strategies" help lawyers prepare for court? People always say the three most important rules for court are "prepare, prepare, and prepare again." Trials are full of surprises, but careful planning can minimize them. This book serves as a reference for practicing lawyers, providing the basic steps, techniques, and key considerations needed for preparing and conducting cases in court. A trial is the process by which society resolves disputes that cannot be settled by other means through legal means. In a trial, the lawyer is the advocate for the client. Because of this role, lawyers face constant and meticulous scrutiny from all sides: opposing counsel, the court, the jury, and, of course, the client. The pressure and demands from all sides can be overwhelming. Lawyers need all the help they can get. We are far from the era when duels and burnings were used for judgment, but trials are still the key to determining the success or failure of a lawsuit. When teaching trial advocacy courses, law students and young lawyers often ask me, "When and how can I not feel nervous?" My answer is always the same: "The day you enter the courtroom without feeling nervous is the day you should give up on this profession." They need a certain level of focus and alertness, which is incompatible with calmness. So, how can we help lawyers prepare for court? People always say the three most important rules for court are "prepare, prepare, and prepare again." Trials are full of surprises, but careful planning can minimize them. This book serves as a reference for practicing lawyers, providing the basic steps, techniques, and key considerations needed for pre-trial preparation and trial proceedings. I do not intend for this book to become a definitive analysis of trial steps, as doing so might make it intimidating or overly self-assured. Each chapter, or most chapters in this book, can stand alone as an independent topic. The summaries, checklists, and tables in this book are merely examples and do not cover all situations in case handling and judicial procedures, nor can they meet all legal requirements. Readers should determine the specific procedural and substantive requirements for their clients based on their respective judicial procedures in each case.
I admit to my bias. I love trials and have been a trial lawyer for nearly 20 years. I believe that trials exist not only in the professional challenges lawyers face but also in the extraordinary events all around us. The main part of the challenge is to understand, adapt to each step, and prepare. There is no magic to achieve this goal—only experience and diligence. This book aims to make the basic points of this process easier to grasp, so you can focus more on your case and your client. Use this book correctly, and wish you good luck in court!