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A Book Review of the Trial Lawyer's Art By Sam Schrager (1999) By William S. Bailey The last 15 years has seen a proliferation of instructional offerings on the "How to" of trial practice. While nearly all such books have some merit, the approach has become all too standard -- courtroom cookie cutters on the shelf. Until now, the "Know it when we see it" skill dimension, the strategic and verbal art of trial advocacy, has not been captured in a trade publication. That has all changed with Sam Schrager's book, The Trial Lawyer's Art . While an academic, Mr. Schrager writes in a remarkably lucid and insightful manner, unburdened by the usual obscure scholarly jargon. In a sense, he takes on the role of a play-by-play announcer, extracting and analyzing pluses and minuses from live action in the courtroom as a case unfolds. Mr. Schrager makes you feel the heat, urgency and survivalist "kill or be killed" reality of a trial lawyer's life. The working premise of the book is well-founded: Like all professional storytellers, lawyers shrewdly orchestrate myriad elements to make a convincing story . . . Justice in American Society is pursued through competitive performance [and] . . . to discover truth, in public life as in our imaginations, we rely on art. Unlike other trial practice books, this one is a fun read. With a journalist's keen eye for detail and his own considerable ability as a storyteller, Mr. Schrager sits in the catbird seat of the criminal courts of Philadelphia and describes the ongoing battles for the hearts and minds of the jurors. He asks constantly as a case progresses, which lawyer created "moments" in the testimony and argument that make it likely that one side will win and the other will lose? In so doing, the book emphasizes the consequences of the choices in theme, style and technique made by an attorney: The approaches are grounded in the performance style the lawyer forms out of his or her personality, past experience, habits of thinking, and manner of being in the world. In the end, Mr. Schrager tells you what worked for the attorneys he observes, as well as what didn't, and why. He's usually right on. The author understands the critical facet of chemistry between a jury and an attorney and the fact that jurors must depend on appearances in the courtroom created by the attorneys: Because the truth of the events being contested in court can't be apprehended directly, jurors depend on appearances. The importance of finding the truth makes them more dependent on appearances. |
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