The Way of the Trial Lawyer

Beyond Technique

Rick Friedman
The Way of the Trial Lawyer The Way of the Trial Lawyer
The Way of the Trial Lawyer The Way of the Trial Lawyer

The Way of the Trial Lawyer

Beyond Technique

Rick Friedman
Regular price
$135.00

Why do many technically skilled lawyers lose cases? Because in the courtroom, the intellect is often beaten by the heart.

In The Way of the Trial Lawyer, Rick Friedman argues that there is something beyond technique. Something beyond biased jurors and judges or difficult facts. And this something often makes the difference between winning or losing. 

Friedman argues that there is “another model available to us. It is that of a lawyer leading with heart; the lawyer as teacher… the lawyer who can stand solid in the courtroom—amid chaos, confusion, and unfairness—pointing toward the moral truth.” Friedman demonstrates how to find that moral truth, the clarity and strength that comes from it—and how it can make the difference between finding justice and losing your case.

Friedman offers concise, practical examples for sorting through the complexities and maps out a path to rooting your advocacy in your case’s moral issues. He guides you on how to explore the moral aspects involved and then apply them—from voir dire to closing—to strengthen your case. Friedman offers lessons on the following and more:

  • case selection
  • how to analyze your case’s moral issues
  • how to earn credibility with the jury and the judge
  • how to co-create a moral framework with the jury during voir dire that will apply to your case
  • how to address common issues in voir dire
  • how to deal with uncomfortable facts or elements in your case
  • how to avoid letting opponents distract or manipulate you
  • how to frame the defense’s position
  • examples for soft-tissue injury cases or cases where there is no objective evidence of injury
  • examples for opening statement, and how to bring moral issues clearly into focus
  • examples of direct examination, and how to use it to build the plaintiff’s moral case and methodically destroy the defense’s
  • examples of cross-examination, and how to use it to directly address the moral aspects of the parties’ respective positions—including how to cross-examine the IME doctor
  • how to use closing to easily show the jurors the respective moral positions of the parties, focus on the power of your case, and show the jury why it is right and fair that they give the verdict to your client 

In The Way of the Trial Lawyer, Friedman seeks to offer you a new, and more effective, model of advocacy.

To make sure your device is compatible with our eBook format, please click here.

Do you want the eBook and print book? After you complete your purchase of the print book you will receive a coupon code via email to purchase the eBook for $20

  • Author

  • Details

    Paperback: 272 pages; 1st edition (2020); ISBN: 9781941007921
    Publisher: Trial Guides, LLC
  • Table of Contents

    Publisher’s Note
    Foreword
    Introduction
    Part One: The World and Our Place in It
    1.    Setting the Stage
    2.    The Clash in the Courtroom
    3.    The Battle within
    4.    Courtroom Reality
    5.    Lord Brougham: The Original Sin
    Part Two: Cultivating Ethos
    6.    The Dark Alley
    7.    Perspective
    8.    Fate and Destiny
    9.    In the Beginning
    10.    Therapy
    11.    Self-Pity and Self-Compassion
    12.    Fear
    13.    Leading with the Heart
    14.    Emotional Honesty
    15.    Mission Statement
    16.    Self-Righteousness
    17.    Anger
    18.    The Hungry Ghosts
    Part Three: Teiwaz on the Job
    19.    Practice and Work Ethic
    20.    Case Screening
    21.    Control
    22.    Luck
    23.    The Cyclone of Stimuli—Timing
    24.    The Opponent
    Part Four: 
    25.    The Crucial Courtroom Paradox
    26.    Juror Safety
    27.    Moral Steadiness: Recognizing Moral Energy
    28.    Moral Steadiness: The Uncomfortable Parts of the Case
    29.    Moral Steadiness: Identifying Moral Positions
    30.    Moral Steadiness: Honesty in the Courtroom
    31.    The Dark Alley Revisited
    32.    Warning!
    Part Five: Trial
    33.    Our Fact Patterns
    34.    Voir Dire: Introduction to Moral Energy
    35.    Voir Dire: Case Examples
    36.    Voir Dire: Rules Violations
    37.    Opening
    38.    Direct Examination
    39.    Objections to the Adversary
    40.    Cross-Examination
    41.    Closing 
    42.    Judges
    43.    Personal Attacks
    44.    The Tuning Fork
    45.    Losing
    46.    A New Model of Advocacy
    Epilogue
    Acknowledgements
    About the Author
  • Look Inside the Book

Why do many technically skilled lawyers lose cases? Because in the courtroom, the intellect is often beaten by the heart.

In The Way of the Trial Lawyer, Rick Friedman argues that there is something beyond technique. Something beyond biased jurors and judges or difficult facts. And this something often makes the difference between winning or losing. 

Friedman argues that there is “another model available to us. It is that of a lawyer leading with heart; the lawyer as teacher… the lawyer who can stand solid in the courtroom—amid chaos, confusion, and unfairness—pointing toward the moral truth.” Friedman demonstrates how to find that moral truth, the clarity and strength that comes from it—and how it can make the difference between finding justice and losing your case.

Friedman offers concise, practical examples for sorting through the complexities and maps out a path to rooting your advocacy in your case’s moral issues. He guides you on how to explore the moral aspects involved and then apply them—from voir dire to closing—to strengthen your case. Friedman offers lessons on the following and more:

  • case selection
  • how to analyze your case’s moral issues
  • how to earn credibility with the jury and the judge
  • how to co-create a moral framework with the jury during voir dire that will apply to your case
  • how to address common issues in voir dire
  • how to deal with uncomfortable facts or elements in your case
  • how to avoid letting opponents distract or manipulate you
  • how to frame the defense’s position
  • examples for soft-tissue injury cases or cases where there is no objective evidence of injury
  • examples for opening statement, and how to bring moral issues clearly into focus
  • examples of direct examination, and how to use it to build the plaintiff’s moral case and methodically destroy the defense’s
  • examples of cross-examination, and how to use it to directly address the moral aspects of the parties’ respective positions—including how to cross-examine the IME doctor
  • how to use closing to easily show the jurors the respective moral positions of the parties, focus on the power of your case, and show the jury why it is right and fair that they give the verdict to your client 

In The Way of the Trial Lawyer, Friedman seeks to offer you a new, and more effective, model of advocacy.

To make sure your device is compatible with our eBook format, please click here.

Do you want the eBook and print book? After you complete your purchase of the print book you will receive a coupon code via email to purchase the eBook for $20

What Legal Leaders Are Saying

For forty-five years as a trial lawyer, teacher of trial advocacy, and federal district judge, I have read every book on being a trial lawyer I could get my hands on. This book stands heads and shoulders above all of them. Unlike the others, Rick Friedman reveals the key to unlocking the psychological barriers that prevent 99.9 percent of trial lawyers from reaching their full potential. He explores the ethos, the moral values imperative to becoming a great trial lawyer. Rick Friedman also explores how to overcome the many types of fears all trial lawyers encounter. I have thought deeply about fear my entire legal career but have never read anything written about it that is so incredibly refreshing and insightful. Like a master safe cracker, Rick Friedman unlocks the secret combination to overcoming fear. This chapter alone is worth its weight in platinum. Rick Friedman has stood on the shoulders of trial giants and indeed has seen further than any. In my view, it is akin to legal malpractice to go to a civil or criminal jury trial without mastering the concepts in this book, no matter how much or little trial experience you have.

— Hon. Mark W. Bennett, retired US district judge and director of the Institute for Justice Reform & Innovation at Drake University Law School

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