The Plaintiff Lawyer's Playbook

Insights and Recommendations on How to Prepare for Success in Settling and Trying Cases

Elden Rosenthal
The Plaintiff Lawyer's Playbook
The Plaintiff Lawyer's Playbook

The Plaintiff Lawyer's Playbook

Insights and Recommendations on How to Prepare for Success in Settling and Trying Cases

Elden Rosenthal
$45.00

Most trial lawyers are in trial only a few weeks each year. They spend the other forty to fifty weeks interviewing clients, preparing for and taking depositions, hiring and consulting experts, and preparing and participating in mediations. The Playbook is about those weeks and tasks. It is a book that gives tips and guidance for what plaintiffs’ lawyers spend most of their time actually doing.

Author Elden Rosenthal is a trial attorney of forty-seven years’ experience whose courtroom successes earned him national recognition and achievement awards from the Oregon Chapter of the American College of Trial Lawyers, the ACLU of Oregon, and the Oregon Trial Lawyers Association.

Rosenthal provides a concise, nuts-and-bolts guide to litigation best practices that will help make you a better lawyer.

If you are part of a state TLA or considering using this book in a classroom or seminar, please contact our staff at 1-800-309-6845 to discuss wholesale pricing.

We also offer special pricing for lawyers in their first five years of practice. Click here for more information about our new lawyers discount program.

  • Author

  • Details

    Paperback: 178 pages; 1st edition (2019); ISBN: 9781941007884
    Publisher: Trial Guides, LLC
  • Table of Contents

    Publisher’s Note

    Introduction

     

    1. A Trial Lawyer’s Point of View

    Tenet 1: Keep Clients Informed

    Tenet 2: Like Your Client

    Tenet 3: Treat Every Case As If You’re Going to Trial

    2. First Things First

    Evaluate the Statute of Limitations

    Recognize Your Reason for Taking the Case

    Avoid Conflicts of Interest

    Make Sure There Is No Pending Bankruptcy

    3. The Attorney–Client Bargain

    Enter into a Written Retainer Agreement

    Establish Expectations

    Assign Tasks to Your Client

    Discuss Social Media

    Discuss Communication Expectations

    Legal Representation Is a Partnership

    4. Decide Early On: Do I Associate Co-Counsel?

    5. The Trial Notebook

    6. Prefiling Investigation

    Visit Accident Scenes as Early as Possible

    Preserve Potential Physical Trial Evidence

    Interview Witnesses

    Research the Parties

    Collect Records

    Hire Experts

    Research the Law

    7. Selecting the Parties

    Selecting the Plaintiff

    Selecting the Defendants

    8. Pleading the Plaintiff’s Case

    9. Paper Discovery and Protective Orders

    10. Preparing for Deposition: Defendants and Defense Witnesses

    The Three Primary Purposes of Discovery Depositions

    Prepare a Deposition Outline

    Setting Up the Witness for Trial Cross-Examination

    Setting the Order of Deposition Testimony

    Client and Colleague Attendance

    Location of Depositions

    Videotaping

    11. Preparing for Deposition: Your Client

    12. Taking Defense Depositions

    Court Reporters

    Goals

    Deposition Demeanor

    Questioning the Witness

    New Documents

    Dealing with Improper Defense Tactics

    Concluding the Deposition

    After the Deposition

    13. Defending Your Client’s Deposition

    14. TAKE A DEEP BREATH

    15. Hiring Expert Witnesses

    Overarching Approach

    Finding the Right Expert

    Keeping Experts Informed and Engaged

    16. Conducting Focus Groups

    17. When Things Don’t Go Well

    18. Exploring Settlement

    When to Negotiate

    Make an Effort to Negotiate Lawyer to Lawyer

    The Plaintiff’s Demand

    Why Mediation?

    Mediation Guidelines

    Mediation Ethics

    Concluding a Mediation

    19. Preparing Yourself for Trial

    Take Care of Yourself

    20. Preparing Witnesses for Trial

    Lay Witnesses

    Clients

    Experts

    21. The Nitty-Gritty of Trial Prep

    22. Trial!

    Voir Dire

    Opening

    Direct and Cross

    Closing Argument

    Rebuttal Argument

    23. The Challenge We Face

     

    Appendix A: Retainer Language Relating to Court-Awarded Attorney Fees

    Appendix B: Model Stipulated Protective Order

    Appendix C: Form Letter to Client Regarding Deposition

    Appendix D: Focus Group Questionnaire
  • Look Inside the Book

Most trial lawyers are in trial only a few weeks each year. They spend the other forty to fifty weeks interviewing clients, preparing for and taking depositions, hiring and consulting experts, and preparing and participating in mediations. The Playbook is about those weeks and tasks. It is a book that gives tips and guidance for what plaintiffs’ lawyers spend most of their time actually doing.

Author Elden Rosenthal is a trial attorney of forty-seven years’ experience whose courtroom successes earned him national recognition and achievement awards from the Oregon Chapter of the American College of Trial Lawyers, the ACLU of Oregon, and the Oregon Trial Lawyers Association.

Rosenthal provides a concise, nuts-and-bolts guide to litigation best practices that will help make you a better lawyer.

If you are part of a state TLA or considering using this book in a classroom or seminar, please contact our staff at 1-800-309-6845 to discuss wholesale pricing.

We also offer special pricing for lawyers in their first five years of practice. Click here for more information about our new lawyers discount program.

What Legal Leaders Are Saying

The Plaintiff Lawyer’s Playbook should be mandatory reading for every trial lawyer, especially those who are new to the profession. Had it been written forty years ago, I would have given a copy to every associate that came through my office since then and demanded that they read it the first week in my office.

— James McElroy, San Diego trial lawyer, recipient of the Southern Poverty Law Center Distinguished Service Award, the AAJ Defense of Civil Liberties Award, and the Planned Parenthood Margaret Sanger Award

Elden Rosenthal has given us a gem. The Plaintiff Lawyer’s Playbook is a distillation of the wisdom born of a lifetime of trial practice at the highest level.

— Kelly Rudd, Wyoming trial lawyer and managing partner of Baldwin, Crocker & Rudd

Elden Rosenthal’s Plaintiff Lawyer’s Playbook is accurate, brief, and clear. It’s chock-full of the essentials necessary to prepare civil cases for their maximum potential. Every aspiring jury trial lawyer should have this book in their toolbox.

— Bill Barton, Oregon trial lawyer, author of Recovering for Psychological Injuries, fellow of the International Society of Barristers, and past president of the Oregon Trial Lawyers Association and the Western Trial Lawyers Association

Customer Reviews

Reviews

Recommendations

30(b)(6)
30(b)(6) Deposing Corporations, Organizations & the Government Paperback/ Paperback $155.00
A Day with Gerry Spence and Paul Luvera
A Day with Gerry Spence and Paul Luvera DVD/ CD/ Audio Digital Download From $125.00
Advanced Demand Letters
Advanced Demand Letters Truck Accidents - Demand Letters Disc 6 DVD $90.00
Advanced Depositions Strategy and Practice
Advanced Depositions Strategy and Practice Paperback/ Paperback $145.00