Outlining: How to structure examinations in civil litigation - Paperback

by John a. Hollander (Author)

Outlining an examination is no different than preparing to write a book. Both exercises start with the relevant material - facts, arguments, stories. Then both break the material into suitable components - chapters, if you will. Each chapter consists of sub-chapters, and so on. But ultimately, the success of an examination or book depends upon the identification and nailing of the points needed to persuade, amuse, or inform. This requires that the outliner adopt a theme, complete with evocative words and phrases that make all those points into weapons.This handbook is a stand-alone DIY presentation of the techniques lawyers need to create and implement a successful outline. It works for discovery and deposition. It works for direct (chief). And it really works for cross-examinations. Any successful trial lawyer will point to all the preparation that goes into the winning cross. The outline is where that preparation finds its home.-What points will you make? -How will you introduce them? -How will you organize them? -What could go wrong? -What happens then? This handbook identifies the steps that lawyers use to convert the jumbled mass of "stuff" on their desks into a persuasive examination outline. From blank page to winning verdict.While it stands on its own, this handbook works on the same principles as and serves as a companion to Introduction to Trial Advocacy, the first in the Advocacy Club Series of handbooks. As with the other handbooks in the Series, a legal case study guides the reader through the process - with tips, techniques, templates and examples.Although written for Canadian lawyers and students, the principles are universal. They apply as much to legal writing and argument as they do to outlining examinations for civil litigation. Of course, the handbook was itself written using an outline. One that used the same techniques as are presented here.Preparation for trial is difficult enough, fraught with time shortages, gaps in the evidence, fear of the unknown. This handbook helps the lawyer to overcome some of the obstacles - to convert risk into opportunity, enemies into supportive allies.

Author Biography

John Hollander is an experienced civil litigator, a trial lawyer in Ontario, Canada since 1978. He has successfully managed his practice in the trial and appellate courts throughout his long career. He has presented at legal conferences and has run his own series of seminars since 2009. Since 2007, John has shared his experience with junior lawyers through his innovative Advocacy Club (www.advocacyclub.ca). Training junior lawyers with hands-on experience through drills, exercises, and presentations that focus on how-to formulae and techniques. John's techniques are presented in the Young Advocates Series of eight published handbooks, published by Irwin Law and available at www.irwinlaw.com/titles. As well, John has self-published the Advocacy Club Series of (so far) three handbooks, available at the Advocacy Club website and on Amazon.com: -Introduction to Trial Advocacy - how lawyers prepare for and conduct civil cases -Outlining - how to structure examinations in civil litigation -Estate Litigation - trial advocacy in estate litigation The hallmark of John's training in the Advocacy Club and of all his handbooks is the presentation of practical techniques. He uses examples and exercises in place of the traditional war story that educates no one and aggrandizes the story teller.