From Truth to Technique at Trial

From Truth to Technique at Trial
Author: Philip Gaines
Publisher: Oxford University Press
Total Pages: 233
Release: 2016-03-23
Genre: Law
ISBN: 0199333610

From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.

The Trial on Trial: Volume 1

The Trial on Trial: Volume 1
Author: R A Duff
Publisher: Hart Publishing
Total Pages: 219
Release: 2004-12-31
Genre: Law
ISBN: 1841134422

This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.