Trying Cases to Win: Direct Examination

by Herbert Jay Stern

Direct Examination. Volume II, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1992. Reprinted 2013 by The Lawbook Exchange, Ltd. xv, 457 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is also available separately.
In this volume, Direct Examination, Stern provides a variety of direct examination techniques, using transcripts from a variety of cases.
Contents:
1. Introduction;
2. The Purpose of Direct Examination: To Argue Your Case;
3. Edward Bennett Williams Introduces His Witnesses;
4. Witness Preparation and Delivery of the Testimony;
5. Applications of the Principles to Cases;
6. The Bank of the United States Case;
7. Exhibits;
8. Making a Witness Invulnerable to Cross-Examination;
9. The Ultimate Protection is to Prevent Cross-Examination;
10. The City of Newark Case;
11. Conclusion;
Appendix A: The Bank of the United States Case-Excerpt of Direct Examination;
Appendix B: The Bank of the United States Case-Excerpt of Cross-Examination;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

Genres: Nonfiction

478 pages, Hardcover

First published January 1, 1995

Reviews

[Meghan · Rating 3 out of 5]

The final full chapter where he works through Rigo’s direct is very tedious but very rewarding. You see everything in action, pages of a transcript more than 50 years old come alive.

[Joanna · Rating 5 out of 5]

Herbert Stern has done a fine job combining trial war stories with practical, how-to advice for trial lawyers. His theories for jury trials are contrary to much of the common received wisdom about what to do. I really enjoyed the first volume (opening statements, or, as Stern prefers, opening arguments) and was looking forward to following up with this volume on direct examination. He focuses on crafting a direct examination, particularly of key witnesses, to be a persuasive argument at the time of testimony and not merely the putting in of evidence to allow a strong closing. In particular, Stern rejects the idea that a good direct involves a witness telling his own story in chronological order. Highly recommended reading for trial lawyers. Not especially interesting for lay readers.