HANDBOOK OF BUSINESS LITIGATON TACTICS AND TECHNIQUESPDF电子书下载

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Chapter 1: How to Get Off on the Right Foot as a Business Litigator: Say What You Mean When You Write and Speak 1

Eliminate the Use of Legal Mumbo-Jumbo 2

Substitute English for Latin 4

How to Avoid the "Cover-All-the-Bases Syndrome" 4

How to Avoid Conflicting and Inconsistent Theories 4

State the Question and the Issue at the Outset 5

Use Plain Words and Short Sentences 6

Place the Emphasis on Pictures, Graphics and Movies 7

Avoid Technical and Fashionable Lingo 7

Seven Litigation Rules to Live By 8

Chapter 2: Getting Better Litigation Results by Estimating What to Expect and How Much They'll Cost 17

Pick the Trial Team First 18

Estimate the Cost of the Lawsuit 18

Budget the Case 19

Use a Decision Tree to Value the Case 20

Use Jury Instructions as a Guide to Issues 21

Consider a Protective Order 24

Chapter 3: How to Assess the Merits of a Jury Demand 49

Points to Consider When Making Your Decision 52

Punitive Damage Claims 53

Business Tort Claims 53

Duration of Trial 53

Complexity of Evidence 53

Extent of Disposition Testimony 53

Budget Constraints 53

Judicial Impatience 54

Anti-Corporate Bias 54

Chapter 4: How to Make Videotape an Essential Technique in Winning High-Tech Litigation 57

Videotaped Conference Depositions 58

State Courts 59

Conducting the Videotape Deposition 59

Other Uses of Videotape 61

Videotape Places and Things 62

How Videotape Leads to Settlement Enhancement 64

Buying the Basic Gear 64

Editing Guidelines 65

Effective Use of Videotape at Trial 66

Use to Cross-Examine 69

Use During Final Argument 69

Sample Orders for Videotaping 70

Chapter 5: Seizing and Maintaining Control of Your Case 77

Threshold Preparation 77

Jury Instructions 77

Learn About the Business 78

Prepare a Chronology and Glossary 78

Find Out About Your Client 78

Get the Lowdown on Your Adversary 78

Keep Your Trial Team Lean 79

Before Discovery Gather Available Evidence 81

Putting the Trial Touches on Discovery Preparation 82

How to Analyze the Computerized/Manual Issue Index Question 82

Deciding Tour Needs for Computer or Manual Support 85

Handling Motion Practice 85

Producing Defensive Documentation 86

Responding to Adversary Requests 87

Offensive Document Examination 91

Discovery of Parties 91

Discovery of Non-Parties 91

Discovery of Computerized Evidence 92

Depositions 93

Chapter 6: How to Beady Your Witnesses for Trial 95

Preparing Them for Depositions 95

Preparing to Horseshed Major Role Witnesses 100

The Final Drill 106

Horseshedding Your Leading Role Witnesses for Trial Requires Different Tactics 107

Communicating in the Courtroom 107

Chapter 7: Making Better Use of Cross-Examination in High-Tech Litigation 117

Before Trial 117

Obtain Oreganizational Charts 118

Conduct a Power Structure Probe 118

Prepare a Hit List of Your Adversary's Top Brass 119

Do Break the Cardinal Rule for Cross-Examination 125

Do Not Allow Unnecessary Questions 126

Do Not Tolerate Certain Adversary Instructions 126

Cross-Examination During Trial 127

Preparing a "Zinger" Cross-Examination Videotape 127

Do Not Try to Capture New Tuff 127

Plough New Ground Discreetly 129

Chapter 8: When and How to Use Expert Testimony to Present Facts and Probe Damages 133

Determining What Kind of Expert You Need 133

Handling the Expert Witness Relationship 138

Frequently Encountered Damage Problems 144

Causation 144

Accuracy of Estimates 144

Measuring Lost Profits and Decline in Market Share 144

Measuring Overcharges 146

Measuring Reduction in the Value of a Business 146

Measuring True Value Versus Inflated Value in Securities Fund Cases 147

Some Other Uses of Experts 148

Unfair Competition 149

Geographic Price Differences 149

Predatory Pricing by a Dominant Company 150

Monopoly and Attempted Monopoly Cases 151

Chapter 9: Using Successful Negotiation Techniques to Avoid Lengthy and Risky Litigation 155

Why Lead Counsel Should Not Be the Chief Negotiator 155

How to Use Professional Negotiator Techniques 156

Prepare a Powerful and Modem Settlement Brochure for the Settlement Judge 164

Prepare Modem and Tight Settlement Agreements 166

Chapter 10: Success-Proven Final Preparation Rules 173

Discard the Weak Claims 173

Reduce the Size of the Trial Team 174

Using Summary Exhibits 175

Arrange Audio-Visual Aids for Maximum Impact 177

Do a Comprehensive Evidence Review 179

Using Threshold (in limine) Motions to Preclude, and Trial Ground Rules 180

Chapter 11: How to Pick a Good Jury 185

Questions to Ask Prospective Jurors 185

The Case for Blue Ribbon Juries 188

Obtain Background Information on Jurors 188

Consider These New Developments in Jury Selection 189

Deciding Upon the Type of Juror You Want 190

Chapter 12: Opening Arguments That Win Business Cases 193

Be a Salesman 193

Aids for the Salesman 194

Be a Spokesman 194

Use Charts 194

Create a Good Impression 194

Speak Directly to the Jury 194

What You Must Tell the Jury 195

Continue to Use the Rule of Seven 196

Winning Pitch—Examples 199

Chapter 13: Helping Juries to Understand Cases 207

Give the Jury a Short Course 207

Give the Jury the Instructions at the Start of the Case 208

Use Other Learning Aids to Help the Jury Understand 209

Let Jurors Ask Questions 210

Use the Modern Mode and Order of Presentation of Evidence 210

Use Videotape During Trial 210

Treating Ordinary Employees of an Adverse Party as Neutral Third Parties 212

Give Jurors a Booklet Covering Each Side's Final Argument 212

Chapter 14." Techniques That Win Business Litigation Cases 215

How to be Persuasive 215

How to Keep It Concise 216

How to Recall Your Opening Argument 217

How to Use Visual Aids and Graphics 217

How to Talk to the Jury During the Close 218

A Winning Pitch Example 219

Index 229

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