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On Trial: Lessons from a lifetime in the courtroom

by Henry G. Miller

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“Entertaining to read and extremely valuable in its advice and insight.”
David Boies, Boies, Schiller & Flexner LLP

“Read it and learn.”  — Alan M. Dershowitz, Author of Supreme Injustice

On Trial: Lessons from a lifetime in the courtroom is a book that even the busiest lawyer should take time to read. Written by a distinguished trial attorney and based on essays that first appeared in the New York Law Journal, it distills the author's forty years of courtroom experience into a highly readable trove of wisdom and common-sense advice on the art of advocacy.

Henry Miller covers every phase of trial, with a liberal sprinkling of learned quotations from sources as diverse as Montaigne and Mark Twain. His own insights, though, may prove the most useful.

“Tell them it's your first case,” he advises novice attorneys, while also warning that it's bad form to try this more than five times.

He provides the “Ten Commandments of Settlement.” (“No. 4. Thou shalt not bargain as if thou were born yesterday.”)

And a helpful “Cross-Examination Survival List.” (“No. 15. Act like you're getting somewhere.”)

From jury selection tips to trying a case where the judge and jury hate you, these essays are filled with candor, maxims and lessons learned the hard way. On Trial: Lessons from a lifetime in the courtroom will help attorneys at all stages of practice to navigate around pitfalls at trial—and to face the unavoidable with grace and dignity.

Book #ALM05; hardcover, one volume, 192 pages; published in 2001. ISBN: 978-0-9705970-4-5

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  • Availability: Available
  • Brand: ALM Publishing
  • Product Type: Books
  • Edition: 1
  • Page Count: 192
  • ISBN: 9780970597045
  • Pub#/SKU#: ALM 05

Author Image
  • Henry G. Miller
Henry G. Miller, a Senior Member of the New York law firm Clark, Gagliardi & Miller P.C., has been actively trying cases for over four decades. He is a former Director of the International Academy of Trial Lawyers and the New York State Trial Lawyers Association, a past Regent of the American College of Trial Lawyers and past President of the New York State Bar Association. Mr. Miller was appointed by New York State Governor George Pataki to serve on the Committee to Review Audio-Visual Coverage of Court Proceedings and by Governor Mario Cuomo to Chair the Temporary State Commission on Local Government Ethics. He is also a frequent columnist in the New York Law Journal.

Also by Henry G. Miller:
Finding, Preparing and Examining Expert Witnesses
Openings and Summations: Lessons from a Lifetime in the Courtroom

Prologue: Trying Your First Case?

Nineteen Tiny Tips

1 - The Forty-Four Most Common Blunders of Jury Selection

2 - Opening -- The Twenty-Seven Steps

3 - Direct Examination: -- Thirty-One Pertinent Pointers

4 - Fifteen Suggestions and Four Rules on How to Survive Cross Examination

5 - Some Do's and Don'ts for Summation

6 - Settlement – Six Villains, Three Heroes, One Play, and Ten Commandments

7 - Living With Experts – Twenty Pungent Proverbs and Eighteen Little Gambits

8 - Nine Secrets for Living With Judges

9 - Living with Defeat

10 - Courage, or Trying a Case When the Judge and Jury Hate You

11 - The Ten Most Common Transgressions against the Manners and Morals of Advocates

12 - The Art of Survival – Sixteen Secrets