The Art of Lawyering: Essential Knowledge for Becoming a Great Attorney

by Paul Lisnek

Overview

Every year, tens of thousands of people graduate from law school, pass the bar exam, and undertake the practice of law. But only a select few truly develop the art of lawyering—the insight, the gut, the feel, the voice, the gesture, the talent required to excel as a lawyer and stand out from the rest of the crowd.

This book is written especially for the new lawyer who wants to excel in his or her chosen career, whether starting a solo practice or joining an established firm. It provides information on:

• The art of rainmaking—finding and keeping clients
• The art of billing your clients and getting them to pay you on time without losing business
• The art of negotiation, both in and out of the courtroom
• The art of a trial—preparing your case, questioning witnesses, selecting the jury

Product Details

ISBN-13:	9781402254291
Publisher:	Sourcebooks
Publication date:	05/01/2010
Sold by:	Barnes & Noble
Format:	eBook
Pages:	304
File size:	631 KB

About the Author

Dr. Paul M. Lisnek is a nationally recognized television commentator, author, keynote and motivational speaker, corporate trainer, trial consultant, lawyer, and mediator, as well as an award winning television anchor and host. He serves as anchor of Newsmakers seen hourly on CNN Headline News on the Comcast Network, and as host for Political Update with Paul Lisnek on the Comcast Network in the Midwest.

Table of Contents

Acknowledgments xi

Foreword Linda Kenney Baden Michael Baden xv

I Lawyers Are Made, Not Born: The Art of Lawyering and Client Development 1

Follow the Yellow Brick Road: Five Essentials for the Young Lawyer 3

First Thing We Do, Let's Kill All the Lawyers: Improving Public Perception of the Law 11

Back to School: Continuing Education for Every Lawyer in the Firm 19

Paving the Road to Your Door: Quality Service Is the Key to Continued Business 27

The Billing Game: You Can't Win If You Don't Play: Keeping Fee Terms Clear 31

Convincing Clients You're Worth It: Achieving Client Loyalty 37

"Thank You for Calling": Managing the First Contact with the Lawyer 43

II Coming to Terms: Lawyer as Negotiator and Mediator 49

"Can I Have a Raise?": Negotiation: The Psychological Process 51

Controlling the Talk: One Tough Job: Information Control in Negotiation 57

Reach Below the Surface to Find What Drives Someone: The Two Levels of Communication 63

You Gotta Have Style: Competitive v. Cooperative Negotiators 69

Gonna Sit Right Down and Write Myself a Letter: The Pros and Cons of Negotiating by Phone or Letter 75

Tricks of the Trade: Popular Negotiation Tactics 81

It Ain't Over 'til the Fat Lady Sings: Drafting the Final Negotiation Agreement 89

Mediate before You Litigate: The Importance of Alternative Dispute Resolution 95

Arbitrate like You Litigate: Suggestions for an Effective Arbitration 101

III Discovering Reality: A Look at Depositions 107

Memories Can Improve with Age: Gathering Accurate Recollections 109

Writing the Story for Trial: Taking Effective Depositions 115

If They're "Usual," Why Don't I Know What They Are?: The Usual Stipulations of Depositions 121

Becoming an Expert on Experts: Taking Effective Expert Witness Depositions 127

Lights, Camera, Action!: Taking Effective Video Testimony 133

IV Stepping Inside the Jurors' Minds: Meaningful Juror Selection 139

Taking the Pulse of the Community...Part of the Homework: The Role of Community Attitude Surveys 141

Adding Certainty to an Uncertain World: Developing Case Strategy with Focus Groups 147

It's Not What You Are but How You Live: The Role of Demographics in Jury Selection 155

Once Upon a Time...: Storytelling at Trial 161

Reality Is Just a Myth: How Jurors Process Information 167

The Magic of the Mirror: Building Nonverbal Rapport with Jurors 173

From Wall of Sound to Jailhouse Rocks: Reframing Reality: A Look Back at People v. Philip Spector 181

Life Is Like...: The Power of Metaphors in Voir Dire, Opening, and Closing the Case 189

V The Lawyer's Domain: Constructing Reality at Trial 195

And Your Point Is?: Taking Control of the Case in the Opening Statement 197

The Noise in My Head Is Deafening: Opening Statement: Getting Past the Barriers inside Jurors' Minds 203

A Lie of Mythical Proportions: Concentrate on the Unstated in Opening Statements 209

"Anchors" Aweigh - Helping Jurors Make the Right Connections: Anchors as a Tool of Persuasion 217

Isn't It True?: Unnerving the Witness during Direct and Cross 223

Sleight of Mouth: Breaking Connections: A Speaker's True Meaning Is Often Hidden 229

We'll Just See about That...: Direct Examination Creates Reality, Cross Tests It 235

Cross My Heart...: Mastering the Art of Cross-Examination 243

Expert-tease: Expertly Turning the Tables on Experts 249

Taking the Last Word...: Closing Argument: Confirming Reality 255

VI Beyond the Halls of Justice: Lawyer as Public Figure 261

A Fear Worse Than Death!: Public Speaking: The Number One Human Fear 263

And Your Point Is? (Again): Establishing Purpose in Public Presentations 269

I'm the Press... Trust Me!: Handling Trial Publicity and Reporters 275

About the Author 281