Book Review: The Trial Lawyer: What it Takes to Win -- by David Berg
"I wrote this book out of the fear that the great war stories of the next generation of trial lawyers would begin, "And then, I looked that mediator in the eyes and I said…"
"Berg weaves nuts-and-bolts techniques that will make you a better trial lawyer with illustrative stories from his legendary career. He has tackled a wide variety of cases and draws from his varied experiences to explain his winning methods."
Berg has tried many cases and clearly loves trial work. The book contains just the right mix of nuts-and-bolts tips and war story examples from Berg's trials. It also helps that Berg has a good sense of humor that he incorporates into his writing.
One of the things that I appreciated was Berg's willingness to take on conventional wisdom. I have developed the opinion that conventional wisdom is often wrong in litigation and trial practice. As an example, conventional wisdom is that you only ask a question in cross-examination that you know the answer to and have a deposition or document to impeach the witness with if you don't get the right answer. And while you want to keep this "rule" in mind, to conduct a truly great cross-examination you have to develop instincts to cast this rule aside at the right moment. Berg agrees and states that the essence of the rules of cross is to listen to your instincts.
The structure of the book is typical for trial a practice book. There are chapters on persuasion, preparation ("90% or winning is preparation") and focus groups, before proceeding to chapters based on the phases of a trial starting with voir dire. Berg is right about the importance of preparation. But one thing that I have noticed is that many--if not most--lawyers do not know how to prepare for trial. The result is a lot of unfocused work before trial and a mess of a trial.
At 310 pages the book is just the right length. With a list price of $75.00, Amazon.com currently sells it for $47.25. It is worth the price and worth the read.
