Outlining: How to structure examinations in civil litigation
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Outlining an examination is no different than preparing to write a book. Both exercises start with the relevant material - facts, arguments, stories. Then both break the material into suitable components - chapters, if you will. Each chapter consists of sub-chapters, and so on. But ultimately, the success of an examination or book depends upon the identification and nailing of the points needed to persuade, amuse, or inform. This requires that the outliner adopt a theme, complete with evocative words and phrases that make all those points into weapons.This handbook is a stand-alone DIY presentation of the techniques lawyers need to create and implement a successful outline. It works for discovery and deposition. It works for direct (chief). And it really works for cross-examinations. Any successful trial lawyer will point to all the preparation that goes into the winning cross. The outline is where that preparation finds its home.-What points will you make? -How will you introduce them? -How will you organize them? -What could go wrong? -What happens then? This handbook identifies the steps that lawyers use to convert the jumbled mass of "stuff" on their desks into a persuasive examination outline. From blank page to winning verdict.While it stands on its own, this handbook works on the same principles as and serves as a companion to Introduction to Trial Advocacy, the first in the Advocacy Club Series of handbooks. As with the other handbooks in the Series, a legal case study guides the reader through the process - with tips, techniques, templates and examples.Although written for Canadian lawyers and students, the principles are universal. They apply as much to legal writing and argument as they do to outlining examinations for civil litigation. Of course, the handbook was itself written using an outline. One that used the same techniques as are presented here.Preparation for trial is difficult enough, fraught with time shortages, gaps in the evidence, fear of the unknown. This handbook helps the lawyer to overcome some of the obstacles - to convert risk into opportunity, enemies into supportive allies.
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