Latest & Greatest – Being Heard: Presentation Skills for Attorneys

By Faith Pincus

Published by American Bar Association

KF 300 .P56 2018

Photo Credit: Helen Hartman

Does the idea of speaking in front of a group of people turn your knees to jelly and cause you to sweat like a cold beer sitting out in the Houston sun? If so, take comfort in knowing that you’re not alone. However, public speaking, like legal research or writing, is a key competency for attorneys because there is a good chance that, at some point in your career, you will have to speak in public, whether it be to a group of colleagues at a CLE session or to a trial judge. So, take a deep breath, relax, and read Being Heard: Presentation Skills for Attorneys by Faith Pincus.  

Advocating her AMI™ method of public speaking, Ms. Pincus, an experienced public speaker, trainer, and attorney, launches into a discussion of how to improve presentation skills by keeping the three key principles of audience, message, and image/delivery at the forefront. She explains why the audience matters and describes how to create a memorable message for that audience. She also talks about the importance of the image you are projecting and the style of your delivery. 

While the first part of the book is applicable to anyone looking to improve her presentation skills, the second part of the book addresses attorney-related speaking situations, such as oral arguments, opening statements, and closing arguments. There is even a chapter on media relations. 

Still nervous and anxious? Have a look at chapter eight where the author discusses overcoming your fear. (Hint: it involves more than simply picturing your audience in their undergarments). There, Ms. Pincus provides some practical ways to manage and face your fear. 

If you are looking to improve your presentation skills, be sure to have a look at Being Heard: Presentation Skills for Attorneys.

Latest & Greatest – Cross Examination: A Primer for the Family Lawyer

By Stephen Gassman

Published by the American Bar Association. Section of Family Law.

KF 8920 .G37 2017

Have a look in any law library catalog, and you’re bound to find dozens of references to books written by legal practitioners on the subject of cross examination. Cross examination is an art form and a skill that is highly-prized among litigators but one that is difficult to master. It is said that “practice makes perfect”; however, it is still worthwhile to know some techniques, rules, and even the “do this, but don’t do this” sort of guidelines to help lead the way. There is no magical shortcut to conducting a successful cross examination, but good old-fashioned trial and error and Stephen Gassman’s book, Cross Examination: A Primer for the Family Lawyer just might do the trick.

Beginning with what he terms as the “Commandments of Cross Examination,” Gassman launches into a discussion of the basic principles of conducting of what hopefully will become a successful cross examination. Providing simple suggestions such as "be brief" and "use repetition," the author outlines various guidelines to help you avoid some of the common pitfalls that could ruin what otherwise might have been a winning cross examination. There are situations, though, where it is advisable to not conduct a cross examination of a witness, and Gassman addresses some of those for you.

Other principles that the author enlightens his readers about are those of primacy and recency, both of which deal with timing, and the concept of looping, a tool used for emphasis. He also highlights some cross examination techniques like the use of trilogies, hints about body language, handling the witness with an inability to recollect, and overcoming the hearsay objection. Gassman also provides guidance on impeachment, preparing a witness for cross examination, and conducting cross examination of expert witnesses, including those used in child custody cases.

If you are seeking ways to improve your cross examination skills or are looking for help conducting that first cross examination, have a look at Cross Examination: A Primer for the Family Lawyer.

Latest & Greatest – ABA Trial Preparation Resources

By Bruce W. Felmly

Published by American Bar Association Section of Litigation and First Chair Press (2015)

KF 8915 .F47 2015

In support of its mission of making practical resources available to members of the legal profession, the American Bar Association has published two resources that assist lawyers with trial preparation: Preparing for Trial: 60 Days and Counting and One Hundred Days Before Trial: A Family Lawyer's Guide to Preparation and Strategy.

In his book, Preparing for Trial: 60 Days and Counting, Bruce W. Felmly walks the reader through a trial scenario from the moment the notice setting trial is received to the morning of the trial. Breaking down the 60 days into smaller increments, Felmly explains the tasks that need to or should be performed, such as scheduling, planning trial presentation techniques, conducting mock trials, preparing the pretrial filings, drafting a version of the opening statement, attending the pretrial conference, and preparing the client and witnesses. Following Felmly’s systematic approach will make the task ahead not seem so daunting.

By Steven N. Peskind

Published by the American Bar Association Section of Family Law (2015)

KF 505.5 .P47 2015

For the family lawyer, help comes in the form of Steven Peskind's One Hundred Days Before Trial: A Family Lawyer's Guide to Preparation and Strategy. Peskind guides the reader through the steps and preparations that must be or should be completed during the 100 days leading up to the trial of a family law case. Organized by segments based upon some suggested time periods, the author proposes certain tasks that lawyers should perform. For instance, witnesses, both lay and expert, should ideally be considered 60 days before trial, and 30 days prior to trial would probably be a good time to prepare opening and closing statements and draft any final pretrial motions. At the end of each chapter, there is a checklist to keep track of what has been done and what has yet to be done. This book is a great resource not only for the family lawyer but also for any lawyer who needs a bit of help with staying on track and keeping organized.

Look for both of these titles at the Harris County Law Library!