Going to court

Author: Daniel E. Sturm (USA)
Publisher:
Publish Date: 2005-05-12
Features: "Selected Translations for Lawyers' Careers and Lives" is the first comprehensive introduction of lawyer career guide 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 a satisfying career and life, becoming "happy lawyers." As a practical guide for lawyers, its approach and writing style are distinctly 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 can 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's Trial Winning Strategy" help lawyers prepare for court? People always say that the three most important rules for a trial are preparation, preparation, and preparation again. Trials are full of surprises, but careful planning can minimize these surprises. This book is intended to serve as a reference for practicing lawyers, providing the basic steps, techniques, and key points to consider when preparing for and conducting cases. 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 directions can be overwhelming. Lawyers need all the help they can get. We are far removed from the era when duels and burnings were used to judge cases, but trials are still the key to determining the success or failure of litigation. 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 walk into court without feeling nervous is the day you should give up 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 that the three most important rules for a trial are "preparation, preparation, and preparation again." Trials are full of surprises, but careful planning can minimize these surprises. This book is intended to serve as a reference for practicing lawyers, providing the basic steps, techniques, and key points to consider during pre-trial preparation and the trial itself. I do not intend for this book to become a definitive analysis of trial procedures, as doing so might make it seem daunting or overly self-assured. Each chapter in this book, and most of its chapters, can stand alone as a separate 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 do 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 almost 20 years. I believe that trials exist not only in the professional challenges lawyers face but also in the extraordinary events around us. The main part of the challenge is to understand, adapt to each step, and prepare. There is no magic to achieving 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!