Preparing For and Trying the Civil Lawsuit
Second Edition

“This publication should be on the desk of every litigator, young and old alike. . . . It thoroughly examines the litigation process from the pleading stage to post-trial motions with insightful comments from a host of distinguished practitioners.”

Henry G. Miller, Esq.
Clark, Gagliardi & Miller
White Plains, NY

“Excellent publication for new litigators.”
John Kenneth Rode, Esq.

Editors-in-Chief                                                                                                                                         
Neil A. Goldberg, Esq.
Goldberg Segalla LLP
Buffalo, NY

John P. Freedenberg, Esq.
Goldberg Segalla LLP
Buffalo, NY

Key Benefits                                                                                                                                               
•   Learn to create compelling opening statements, summations and jury instructions
•   Gain knowledge to skillfully conduct pretrial preparation and investigation
•   Learn how to implement effective settlement strategies, elicit useful facts during depositions and trial testimony, and employ demonstrative evidence
•   Understand the basics behind the trial process — from ethical considerations to the use of ADR.

Product Description                                                                                                                                 
In Preparing For and Trying the Civil Lawsuit, Second Edition, 30 of New York State’s leading trial practitioners and other experts reveal the techniques and tactics they have found most effective when trying a civil lawsuit.

The new practitioner will benefit from this book’s comprehensive coverage of the topic. A thorough discussion of pretrial preparation and investigation will aid the attorney in obtaining an advantageous settlement even if the case never goes to trial. The numerous practice tips from some of the leading practitioners in New York State will provide excellent background for representing your client, whenever your case goes to trial.

Especially helpful are the excerpts from actual trial transcripts, which illustrate the effectiveness of certain lines of questioning. Experienced trial attorneys will benefit by using the book to supplement and reinforce their own methods of practice. The Second Edition greatly expands on the First Edition, and includes new chapters on “Evidence,” “Alternate Dispute Resolution,” “Expert Testimony,” “Ethics” and “Summation.”

Contents at a Glance                                                                                                                                
Chapter1      Ethical Considerations

Chapter2      Pleadings and Motions Directed to the Pleadings

Chapter3      Disclosure

Chapter4      Investigation of Case and Use of Experts

Chapter5      The Conduct of Depositions—State and Federal Guidelines

Chapter6      Expert Discovery, Depositions and Motions to Exclude Experts

Chapter7      Litigating and Protecting the Insurance Claim

Chapter8      Selecting the Jury

Chapter9      Preserving the Trial Record for Appellate Review

Chapter10    Motions in Limine; Opening Statements

Chapter11    Direct Examination of Lay Witnesses

Chapter12    Cross-Examination of Lay Witnesses: An Overview

Chapter13    Motions in Limine to Preclude Expert Testimony

Chapter14    Gatekeeping: Reliability of Expert Testimony Under Daubert (and Frye)

Chapter15    Direct Examination of the Technical/Medical Witness

Chapter16    Cross-Examination of the Technical/Medical Witness

Chapter17    Use of Demonstrative Evidence During Trial

Chapter18    Evidence

Chapter19    Summation

Chapter20    Some Do’s and Don’ts for Summation

Chapter21    Jury Instructions

Chapter22    Post-Trial Motions

Chapter23    Trying Your First Trial? Nineteen Tiny Tips

Chapter24    Settlement

Chapter25    Role of Alternate Dispute Resolution

Info & Pricing                                                                                                                                             
PN: 41953 | 2004 | 1,302 pages | loose-leaf, two vols.
NYSBA Members $175   Non-Members $225

View Table of Contents and Author Biographies.