LAW BOOKS

FOR PRACTITIONERS

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7.1 For Transactional Lawyers:

• Contracts: Examples and Explanations, by Brian A. Blum. This is an excellent book for both law students and lawyers. Read it early and often. [TJM]
• Drafting Contracts, by Scott J. Burnham. Special order. Published by Michie. Burnham has also written a version, The Contract-Drafting Guidebook, which contains additional materials. The latter book is considerably more expensive, however. If you practice as a transactional or solo lawyer, get the expanded book. For everyone else, Drafting Contracts is a good reference.
• A Practical Guide to Negotiation, by Thomas F. Guernsey. Special order.
• The Economic Structure of Corporate Law, by Frank H. Easterbrook and Daniel R. Fischel. Extra yummy.
• IRS Audit Protection and Survival Guide: Attorneys, by Daniel J. Baran, Gerald F. Bernard, and James E. Brown.

7.2 For Trial Lawyers:

7.201 General:
• The Trial Lawyers: The Nation's Top Litigators Tell How They Win, by Emily Couric.

7.301 Rules, Rules:
• O'Connor's Federal Rules, by Michol O'Connor. Excellent overview of the litigation process. A must-have. You might need to call Jones McClure, its publisher, to track down a copy. (1.800.626.6667). They also publish O'Connor's Federal Forms, as well as some good Texas guides.
• A Practical Guide to Mediation and Arbitration Advocacy, by John Cooley.
• Settle It Out of Court: How to Resolve Business and Personal Disputes Using Mediation, Arbitration, and Negotiation, by Thomas E. Crowley. Well-written, and a growing field (ADR) in law. [Out-of-print.]
• Evidentiary Foundations, by Prof. Imwinkelreid. If you need to get something into evidence (or keep something out), this is the the book for you. Just reading the sample proffers will get you into the rhythms and methods of introducing evidence.
• Trial Evidence--Making and Meeting Objections, by Anthony J. Bocchino, David A. Sonenshein, and JoAnne A. Epps. Try to get the Instructor's Manual, too.

7.302 Trial Tips:
• Art of Cross-Examination, by Francis L. Wellman.
• Theater Tips and Strategies for Jury Trials, by David Ball. Don't let the title fool you; a must-read book for litigators. Special order. Published by the National Institute for Trial Advocacy (see contact info below).
• Tangible Evidence: How to Use Exhibits at Depositions and Trials, by Deanne C. Seamer.
• The Common Sense Rules of Trial Advocacy, by Keith Evans. Excellent.
• Trial Advocacy in a Nutshell, by Paul Bergman. Also excellent.
• Trial Practice--Cross Examination: Science and Technique, by Larry Posner and Roger Dodd. (Michie 1993).
• Closing Argument, by Jim Seckinger.
• Winning Appeals: Persuasive Argument and the Appellate Process, by Josephine R. Potuto.
• Winning on Appeal: Better Briefs and Oral Argument, by Ruggero J. Aldisert. Aldisert is a senior 3d Circuit Judge.

Note: many of these books are published by the National Institute for Trial Advocacy ("NITA"). If you can't find one of these books at your local bookstore, call NITA at 1.800.225.6482. Be sure to ask for their catalogue.

7.3 For Everyone:

• The Warrior Lawyer: Enhance Your Chances of Victory Through Risk and Disciplined Strategy, by David Barnhizer.
• The Prince, by Niccolo Machiavelli. Many people are repelled by this book, or use the term "Machiavellian" to mean selfish disregard of others. This misses the point, and disregards our realities (...at our collective peril). If you are repelled, re-read it and figure out why you should be saddened, instead. [TJM]
• Influence: The Psychology of Persuasion, by Robert B. Cialdini.
• The Gentle Art of Verbal Self-Defense, by Suzette H. Elgin. Not directly law related, but many lawyers would benefit from the lessons in this book. There are quite a few versions published. The latest version is available in paperback or hardcover.
• Lawyer's Desk Book (10th Ed), by David Minars.
• A Survival Guide for Road Warriors: Essentials for the Mobile Lawyer, by Daniel S. Coolidge and J. Michael Jimmerson.
• The 7 Habits of Highly Effective People: Powerful Lessons in Personal Change, by Stephen R. Covey.

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