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Becoming a Trial Lawyer: A Guide for the Lifelong Advocate
In the first edition of Becoming a Trial Lawyer, legendary advocate Rick Friedman taught us that the process of becoming a trial lawyer doesn't end. Now, Friedman returns in this second edition with new lessons on losing, comparing yourself to others, luck, and more that prove a true advocate's education is never finished. Trial law is not for the weak of heart. Advocates at any stage of their careers know that attaining both a happy, healthy home and a successful practice is not easy. Friedman won't profess to have the secret formula for a good life, but his extensive experience both inside the courtroom and out has helped him understand what it takes to balance the personal and professional, and here, he shares these ideas in what might be his most important text to date. This book is about you. It's about asking the hard questions and doing what it takes to gain experience, make connections, establish the right reputation, preempt mistakes, succeed at trial, and maintain happiness on a career path that is fraught with stress, conflict, and frustration. Becoming a Trial Lawyer: A Guide for the Lifelong Advocate provides a perfect combination of practical advice and uplifting insights to inspire you to better yourself and progress in your career with confidence.
- GenresLaw
225 pages, Paperback
First published January 1, 2008
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42 people want to read
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Displaying 1 - 5 of 5 reviews
August 1, 2019
I really like Friedman's conversational tone in this book. I also appreciate his honest acknowledgement that some people just aren't suited for trial work, but not necessarily the people you'd expect. Like Friedman, I'm naturally more shy and reserved by nature. That doesn't tend to be a trait commonly associated with trial advocacy, but it obviously hasn't kept Friedman from becoming an awesome trial lawyer, so hope springs eternal.
Favorite quotes:
"...ultimately, a jury verdict is a reflection of how the jurors see the world or would like the world to be...Jurors want to live in a world that has hope, where people who break the rules are punished, where hard work is rewarded, where contracts are honored, where no one gets something for nothing."
"Lay witnesses are the most underutilized weapon in the trial lawyer's arsenal."
"Don't pander. Don't schmooze. Go into the courtroom and do your job presenting your case. Do your job presenting the jurors with information they can rely upon in reaching a verdict for your client. Trials are not popularity contests--they are reliability contests."
"I would like to propose a new way of thinking about the gap between our ideal system and the one we work in. Consider this: If the system were fair, we'd hardly be needed. With fair, impartial judges, scrupulously honest opponents, and intelligent, perceptive jurors, how much would a client need us? Our clients hire us to enter an unfair system and extract some justice from it. For us to complain about unfairness is like firefighters complaining there is too much smoke for them to put out the fire."
"Sometimes, the smoke is thick, and the flames are so hot you can feel them from across the street. The building starts to crumble before your eyes. Can you go in and get out with some justice for your client? Sometimes the answer is no. But chances are, not many lawyers are elbowing you aside to rush into that burning building ahead of you. If we think of ourselves as firefighters entering the burning building, we might discover several things. First, we might discover that the smoke is not as thick (the system not so unfair) as we believed. Self-pity, cynicism, and zealotry have a way of distorting our perceptions. Second, we can reclaim our idealism--a more mature idealism. It is our sweat, our tears, and whatever comes dripping out of our souls when we are in that fire that lubricates this system. It is our job to enter the burning building. And that is something to be very proud of."
Favorite quotes:
"...ultimately, a jury verdict is a reflection of how the jurors see the world or would like the world to be...Jurors want to live in a world that has hope, where people who break the rules are punished, where hard work is rewarded, where contracts are honored, where no one gets something for nothing."
"Lay witnesses are the most underutilized weapon in the trial lawyer's arsenal."
"Don't pander. Don't schmooze. Go into the courtroom and do your job presenting your case. Do your job presenting the jurors with information they can rely upon in reaching a verdict for your client. Trials are not popularity contests--they are reliability contests."
"I would like to propose a new way of thinking about the gap between our ideal system and the one we work in. Consider this: If the system were fair, we'd hardly be needed. With fair, impartial judges, scrupulously honest opponents, and intelligent, perceptive jurors, how much would a client need us? Our clients hire us to enter an unfair system and extract some justice from it. For us to complain about unfairness is like firefighters complaining there is too much smoke for them to put out the fire."
"Sometimes, the smoke is thick, and the flames are so hot you can feel them from across the street. The building starts to crumble before your eyes. Can you go in and get out with some justice for your client? Sometimes the answer is no. But chances are, not many lawyers are elbowing you aside to rush into that burning building ahead of you. If we think of ourselves as firefighters entering the burning building, we might discover several things. First, we might discover that the smoke is not as thick (the system not so unfair) as we believed. Self-pity, cynicism, and zealotry have a way of distorting our perceptions. Second, we can reclaim our idealism--a more mature idealism. It is our sweat, our tears, and whatever comes dripping out of our souls when we are in that fire that lubricates this system. It is our job to enter the burning building. And that is something to be very proud of."
June 3, 2021
Great book. Focuses on the soft qualities of the profession rather than delving into a technical pedagogy of the practice. As I re-ingratiate myself into a litigation practice, the book helped quell the insecurities/anxieties I’ve possessed during this process. It’s amazing how much personal growth, and its accompanying paradigm shift, can dynamically impact the manner in which we perceive experiences. This was an astutely timed read.
January 1, 2020
Amazing advice for any trial lawyer, especially for those entering the practice. There is also an exceptional reading list at the end.
"If the system were fair, we'd hardly be needed...Our clients hire us to enter an unfair system and extract some justice from it. For us to complain about unfairness is like firefighters complaining there is too much smoke for them to put out the fire."
"If the system were fair, we'd hardly be needed...Our clients hire us to enter an unfair system and extract some justice from it. For us to complain about unfairness is like firefighters complaining there is too much smoke for them to put out the fire."
April 13, 2019
Profound reading on psychological, emotional and physical demand to be a trial attorney. This book does not provide a "how to" be a trial attorney, although there are clips of execution, this book dives into the psychological demand we will face.
February 10, 2014
Interesting read. Three chapters stood out markedly more than others (below they're listed). The other chapters received a smile and marginal notes. Anyhoo, what drew me to this book was the title, "On Becoming A Trial Attorney," expecting a revelation of paramount trial practice tips. Hmmmmm...Well...hmmmmmm....
In fairness--Friedman quickly advised that this book focused on "the inner obstacles that keep us from reaching our full potential." That he did. There is a definite introspection and self-awareness that the book summons. Still, my immediate interest WHEN I grabbed this book was to receive sought-after trial practice tips. Considering that I'm awaiting more practical trial tips, I'll likely read Freidman's "Polarizing the Case," as I already have the book on my shelf and I should've read it a long time ago. And, at some point, depending on how "Polarizing the Case" reads, I plan on reading Friedman's "Rules of the Road."
With that said, the chapters that were definite page turners (for me)include:
(1) More is not better (less witnesses at trial may be more effective);
(2) Don't Gorge on Experts and Starve For Lay Witnesses (Avoid too many experts and DEFINITELY find/locate lay witnesses);and
(3) Spend More Time With Witnesses and Clients (witnesses/clients are the building blocks of the coherent story and argument you are trying to put together: DON'T SLACK on LAY WITNESSES' PREPARATION).
In fairness--Friedman quickly advised that this book focused on "the inner obstacles that keep us from reaching our full potential." That he did. There is a definite introspection and self-awareness that the book summons. Still, my immediate interest WHEN I grabbed this book was to receive sought-after trial practice tips. Considering that I'm awaiting more practical trial tips, I'll likely read Freidman's "Polarizing the Case," as I already have the book on my shelf and I should've read it a long time ago. And, at some point, depending on how "Polarizing the Case" reads, I plan on reading Friedman's "Rules of the Road."
With that said, the chapters that were definite page turners (for me)include:
(1) More is not better (less witnesses at trial may be more effective);
(2) Don't Gorge on Experts and Starve For Lay Witnesses (Avoid too many experts and DEFINITELY find/locate lay witnesses);and
(3) Spend More Time With Witnesses and Clients (witnesses/clients are the building blocks of the coherent story and argument you are trying to put together: DON'T SLACK on LAY WITNESSES' PREPARATION).
Displaying 1 - 5 of 5 reviews