The Legal Advocate

A blog brought to you by the national institute for trial advocacy

July 2014 Executive Director’s Letter. What “Real People” Activities Are You Planning in August?

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Here are some terms popular now in legal blogs, the legal press, and other purveyors of lawyers’ tools to understand the business of our profession better. (No judgment here – my greatest obsession is to achieve such wisdom.) Teaching Legal Theory / Thinking / Writing Graduate Employment Rates Big-Law / Public service/ Agency Experiential Partner […]

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Witness Control, Part Five: Impeachment

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written by guest blogger and NITA faculty member Nancy Hathaway  New lawyers want to know how to prevent surprises. My answer is:  you cannot prepare away surprises at trial and you must prepare away surprises at trial. Nothing can stop a witness from suddenly forgetting or “forgetting.” But a comfort with the record makes those […]

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Witness Control, Part Four: An Excerpt from Effective Expert Testimony 3rd Edition

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The following is an excerpt from NITA’s book Effective Expert Testimony, 3rd edition, written by David Malone and Paul J, Zwier. This book is available in print, ePub (iPad, Kobo, Nook, Sony) and Mobi (Kindle) formats. Control Techniques for the “Run-On” Witness Repeat the Question Where a witness expands an answer to a tightly constructed, single fact, short question, […]

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Witness Control, Part Three: Control During Cross-Examination—Stopping the Runaway Witness

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re-posted with permission and originally written for the New York Law Journal by Evan Torgan and NITA Board Member Ben Rubinowitz While witness control is important when cross-examining a lay witness, it is essential when cross-examining an expert witness. One of the best methods to control a witness on cross is to pose short, “one fact at […]

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June 2014 Executive Director’s Letter. Spring in Japan: NITA Continues Our Global Impact

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I bring you fresh greetings from our friends in Japan! Yesterday, I returned from NITA’s 2014 trip, where Mike Ginsberg, NITA’s Board Chairperson, and I taught a demonstration program on storytelling. Our schedule encompassed case analysis and storytelling, and direct and cross-examination. NITA has visited Japan at the invitation of our exchange partner, PSIM, each […]

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NITA’s team of practicing lawyers, professors and judges from around the nation dedicates its efforts to the training and development of skilled and ethical legal advocates to improve the adversarial justice system. NITA's Goal is to:
  • Promote justice through effective and ethical advocacy.
  • Train and mentor lawyers to be competent and ethical advocates in pursuit of justice.
  • Develop and teach trial advocacy skills to support and promote the effective and fair administration of justice.
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