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Courtroom Psychology and Trial Advocacy, by Richard C. Waites JD PhD
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An invaluable resource for experienced trial attorneys, inexperienced trial attorneys looking to advance to the next level of trial practice, and corporate counsel who handle litigation, this book looks at the role courtroom psychology plays in modern trial practice. It covers the essentials of trial practice, including jury selection, opening and closing statements, and questioning witnesses, as well as the key aspects of arbitration hearings and mediations. But what makes this book different from other trial advocacy primers is its attention to courtroom psychology (or persuasion psychology). This area concerns how and why jurors, judges, and arbitrators make decisions and how they are influenced. This book examines the role persuasion psychology plays in modern trial practice and how lawyers can use it to their advantage.
- Sales Rank: #1389118 in Books
- Brand: Brand: ALM Media, LLC
- Published on: 2002-12-01
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 1.47" w x 6.00" l, 2.84 pounds
- Binding: Hardcover
- 500 pages
- Used Book in Good Condition
Review
“Priceless . . . instantly useful . . . explores new territory and provides insight into techniques that will greatly enhance trial practice.” —William S. Sessions, former U.S. District Court Chief Judge, partner Holland & Knight, LLP
About the Author
Richard C. Waites, JD, PhD, is the chief executive officer and founder of Advocacy Sciences, Inc. and the Advocates, one of the nation's most respected trial consulting firms. In addition to a law degree, he also has a doctorate in psychology. He lives in Houston, Texas.
Most helpful customer reviews
5 of 5 people found the following review helpful.
Great survey of the literature
By R. Alembik
A very nice survey of the scientific literature and studies out there. Its strong point is its bibliography. Very readable.
9 of 10 people found the following review helpful.
A student's take
By Jo-Be-Se
I bought this book to kick start my research for my senior independent study on jury consultants and their effects on the justice system. I was not dissapointed. The bibliography alone is worth the price of admission. The author cites authorities on persuasion, jury psychology, group dynamics, cognition, rhetoric, among numerous other topics.
The other benefit to this book is that it is extremely well organized and delineated. I did not have to read all 600 pages from cover to cover in order to write my paper. I could peer into the chapters which pertained to the section I was working on and the information was very easy to find. I can imagine how useful this would be for an attorney who was working on his/her opening statement and find the relevant pieces of information.
All in all this book is exceptionally in depth. I managed to write a 78 page paper and this book was cited on nearly every single page. Dr. Waites manages to pack that much information into this book. If you're interested in the art of persuasion, rhetoric, trial consulting, or want to improve your skills in any of the above you definitely want to buy this book. Easy to read, very in-depth, and very good overview of the dominant scientific and authoritative literature on trial science.
35 of 38 people found the following review helpful.
Powerful. Thought-provoking. Masterful.
By Edward Allison
I had heard a lot about this book before reading it. Now, after reading it, I see that this is not just another trial advocacy book. It will challenge you to think about courtroom persuasion in new ways.
You can tell that the author is an expert in traditional trial advocacy technique. However, he focuses on the psychology of decision makers in a way that will make you think more carefully about how to persuade them. If you are expecting this book to read like any other trial advocacy text, you will be surprised. If you want new information that can make you more successful in the courtroom, you will be pleased. If you want just another book that restates outdated ideas about trial advocacy, you won't find it here.
The book contains 600 pages and 18 chapters. It is well organized so that you can read the parts that you need and then keep it nearby for reference as new problems come up in different court cases. About half the chapters are focused on applying psychological information to traditional trial advocacy topics, such as opening statement, fact and expert witness testimony, demonstrative aids, closing argument, bench trials, arbitration advocacy, and even mediation advocacy.
However, the rest of the chapters provide information on the psychology of communication, scientific studies of juror perceptions, as well as designing and analyzing scientific research studies of judges, juries, and arbitrators in your own cases. For example, in the chapter on juror perceptions, there are separate discussions of juror perceptions of liability and damages issues in personal injury, products liability, medical malpractice, employment, patent, copyright, trademark, and many other types of cases.
Throughout the book, the author discusses his personal insights from 20 years of practicing law and psychology in the courtroom. He obviously knows what he is talking about. He uses case analogies throughout the book to illustrate his points. However, having become jaded over the years, I took some comfort in seeing that his ideas are supported throughout the book. In addition, the book contains commentary from a number of trial judges and trial attorneys at major firms that provide additional ideas and support to the author's work.
The greatest strength of this book is the blending of well accepted trial advocacy principles to scientific information used in the field of psychology. From the outset, the author makes his premise clear: trial attorneys, corporate counsel, and their clients will be more successful in the courtroom when they orient their case presentations to the actual perceptions of the judges, jurors, and arbitrators they are trying to persuade. The rest of the book is dedicated to showing you how to do just that.
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