Trial Magazine

Litigation Obstruction: Breaking Through

By Mark R. Kosieradzki
AAJ Press^®
801 pp.; $174.99
https://tinyurl.com/yvwy785e

In this comprehensive guide designed to tackle the pervasive issue of litigation obstruction, trial lawyer Mark Kosieradzki delves into the rules of discovery to give attorneys the tools to hold obstructionists accountable. The purpose of discovery, writes Kosieradzki, “is to seek the truth so that disputes may be decided by what the facts reveal, not by what facts are concealed.” Emphasizing rule-based decision-making and ethical obligations, Kosieradzki explores discovery’s purposes, ethics, scope, duties, rules, objections, motions, and sanctions, using detailed analyses, case law references, and actionable advice. He concludes with extensive appendices that provide template briefs, motions, letters, and federal and state-by-state rules. While Kosieradzki notes that the obstruction of discovery “has become firmly entrenched in the ‘culture’ of litigation throughout the country,” he provides guidance to enable plaintiff lawyers to “face Goliath without fear.”

Depositions Are Trial

By Sach D. Oliver
AAJ Press^®
193 pp.; $134.99
https://tinyurl.com/292wt3jd

In this book, Sach Oliver offers an innovative methodology that redefines how trial lawyers approach depositions. Drawing on events and personal stories from his unique background as a cowboy and a trial lawyer, Oliver presents practical strategies to improve trial outcomes. He emphasizes the importance of preparation and mindset, encouraging lawyers to view depositions as integral parts of the trial itself, stating that “in its simplest form [this approach] involves treating depositions as if they are the actual trial.” Oliver’s approach is comprehensive, covering everything from motivating witnesses to tell the truth to navigating negotiations to employing visual aids during depositions and at trial. He makes the case for the Depositions Are Trial methodology with anecdotes from actual cases and ends each chapter with a checklist of goals for readers to apply what they’ve learned.

Experts: Picking, Preparing, Perfecting

By Lauren Fraser, Mark Kitrick, and Jonathan Lomurro
AAJ Press^®
137 pp.; $124.99
https://tinyurl.com/3drrr4xw

In this step-by-step manual to using expert witnesses, trial lawyers Lauren Fraser, Mark Kitrick, and Jonathan Lomurro delve into the intricacies of identifying, preparing, and presenting expert testimony. The authors emphasize that hiring a well-credentialed expert is only the beginning. “Communicating expert opinions to opposing counsel or the court is notably different from communicating in a more simplified manner to the jury,” they explain. They note that this insight is crucial for trial success, as even the most brilliant experts can falter if their complex knowledge isn’t conveyed clearly to jurors. “Beyond their courtroom role,” the authors write, “experts serve as invaluable consultants in your case-building process.” The authors explore each step in the process, from vetting the expert to introducing the expert to the legal process to presenting the expert at trial to posttrial follow-up. They distill their years of knowledge into an easily digestible guide that will help experienced and new lawyers make the most out of experts.

Trials & Triumphs: Lessons from Legal Giants

Edited by Christopher M. Placitella and Lisa Blue, PhD
AAJ Press^®
417 pp.; $124.99
https://tinyurl.com/ytfk3phm

“What does it take to become a successful trial lawyer?” Through a collection of more than 50 interviews conducted and edited by Christopher Placitella and Lisa Blue, preeminent trial lawyers share their wisdom and insights to answer this question. Through firsthand accounts and reflections, contributors share their most valuable lessons on trial preparation, courtroom strategies, and the art of advocacy. While some contributors emphasize the importance of themes and case preparation, others focus on opening or direct examination or other areas. Their insights span from the challenging aspects of trial work to the personal resilience required to bounce back from failures. Although the contributors offer a range of viewpoints, common threads also emerge from their collective wisdom. This book emphasizes the importance of preparation, strategy, and continuous learning, showcasing a variety of perspectives on what it takes to achieve success in the courtroom.