The Devil’s Advocate

A Spry Polemic on How to be Seriously Good in Court

Iain Morley
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  • Table of Contents
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  • Editorial Reviews (11)

The Devil’s Advocate is a sharp and fast-paced polemic on how to become wickedly effective in court. Written by English barrister Iain Morley, QC, it covers issues like persuasiveness, trial psychology, ethics, appearance, improving direct and cross-examination, and maintaining your composure in the face of difficult opposing counsel and bad judicial rulings. Morley has spent years working in court systems across the world and has distilled his experiences down into a pithy exploration of what works, no matter the venue. He discusses everything from case preparation to closing arguments and includes necessary but delicate topics like questioning vulnerable witnesses, sensitive topics like losing face in court, and thought-provoking topics like the required elements for crafting an irresistible argument.

This is a limited printing of The Devil's Advocate, only available to customers in the United States and Canada. This new printing has a limited press run, a new layout, and a new foreword from Inner Circle member Rick Friedman.

Please note: Trial Guides cannot sell this text outside the United States and Canada.

  1. Acknowledgements
  2. A Note on This Edition
  3. Foreword
  4. This Book
  5. Learning Advocacy
  6. Truth
  7. Winning
  8. Tribunal Psychology
  9. Persuasiveness
  10. Case Preparation
  11. Addressing the Judge
  12. Legal Writing
  13. Document Management
  14. The Opening Speech
  15. Witnesses
  16. Questions
  17. Examination-in-chief
  18. Cross-Examination
  19. Reexamination
  20. Improving Questioning
  21. Experts
  22. Vulnerable Witness
  23. The Closing Speech
  24. Bail and Mitigation
  25. The Court of Appeal
  26. Advocacy in International Criminal Courts
  27. Improving Advocacy
  28. On Being Led as Junior Counsel
  29. Bar Ethos
  30. The Overall Advocate
  31. About the Author

Additional Information

Publisher Trial Guides, LLC
Paperback 491 pages; US Edition (July 2016); ISBN: 978-1941007327
  1. An entertaining and speedy pastiche of some of the important stuff lawyers should have been taught in L-2 but weren’t, and sometimes never learn even after years of experience. A good read for all trial lawyers, either to educate themselves or to help them educate their younger peers. And it is really fun to read. (NB—Rick Friedman recommends it. Everything Rick recommends should be on your required reading list.)—David Ball, PhD, author of David Ball on Damages

  2. As a trial lawyer of over fifty years and a professor of trial advocacy for the last nine, this book stands out as an essential reminder that in the courtroom, the jury is central to everything we do. While every law student who aspires to be a trial lawyer will find Iain Morley’s lessons extraordinarily helpful and insightful, no one will come too late to his powerful persuasive wisdom. If only I could have read it fifty years ago.—Jim Perdue, member of the Inner Circle of Advocates and author of Winning with Stories

  3. I loved this book. Morley gets it right. Effective advocacy is all about guiding the jury to a correct verdict, not pressuring them to a certain mindset. Too many of us forget that simple truth. This refreshing ‘across-the-pond’ guide confirms what we all should know: persuasion is the art of coaxing, not pressuring. Litigators must guide juries onto the just path, the irresistible path, the ‘plain right’ path.—Zoe Littlepage, 2015 winner of the ABA’s Pursuit of Justice Award; Top Ten Jury Verdict in 2007, 2009, and 2010; member of the Inner Circle of Advocates

  4. Morley proves that the art of persuasion knows no international boundaries and that the British barristers, the first in the world to stand before jurors, still have much to teach their American juniors. All this he does with deft wit and a pen that floats effortlessly across the page. Persuasion has its master teacher, and his name is Iain Morley.—Patrick Malone, coauthor of Rules of the Road, author of The Fearless Cross-Examiner, member of the Inner Circle of Advocates

  5. This book is different in a very good way. Professionalism is the critical factor for whether jurors trust you or not, the foundation on which all advocacy skills depend. Morley’s approach to it is a very personal one. It is as if you are engaged in an extended personal conversation with him. Mentorship of this kind is so difficult to come by now, as the best trial lawyers are often simply too busy for extended dialog. This book fills an important gap in trial advocacy literature, combining Morley’s distinctive voice and sparing style into a finishing school for professionalism, that elusive quality so highly valued by jurors.—William Bailey, professor from practice at the University of Washington School of Law, author of Show the Story

  6. I love words and the power they wield to move people, whether it be in courtrooms or in poetry. The Devil’s Advocate captures the best of both art forms. It’s like reading the Odyssey where the hero is a lawyer. What a joy, what a journey.—Keith Mitnik, senior trial counsel for Morgan & Morgan, author of Don’t Eat the Bruises

  7. I thoroughly enjoyed reading The Devil’s Advocate. It was entertaining and educational. Iain Morley provides quite a few very practical tips for success at trial. Some are basic, some are advanced, but all make sense.—Mark Mandell, member of the Inner Circle of Advocates, author of Case Framing

  8. … the book of my dreams, the Titanic of the advocacy world (even though it is modestly sized)… Iain Morley has bridged the gap between reading about advocacy and how you actually do it… [the book is] warmly welcomed and should be in every white wig box.—Phillip Taylor, MBE Barrister at Law, in The Barrister

  9. The Devil’s Advocate is written in a most unusual style. It really is a fresh approach to explaining the art of advocacy… I found the examples fascinating, easy to follow, and eminently sensible. My congratulations to Morley for his ‘short polemic.’ He should not underestimate its importance.—Michael Caplan, QC, Kingsley Napley, in Solicitors Journal

  10. Quite simply [this] is the best book of its kind. Indeed it is the only book of its kind… Buy this book. Study it. You won’t regret it.—Professor A.R. Forrest, University of Sheffield, in Science & Justice

  11. As someone who has generally never found books on advocacy much use, I would be genuinely happy to recommend this work. It is easy to pick up and flick through. It is nothing if not fun to read… It rams home some mostly rather basic, but nevertheless intelligent and important propositions, which even the best advocates often lose sight of.—Charles Hollander, QC, Brick Court Chambers, in Legal Week

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