Valuable tips from �Dean of the Trial Bar�
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Book Review Valuable tips from �Dean of the Trial Bar� |
On Trial: Lessons from
A Lifetime in the Courtroom
By Henry G. Miller, Esq.
ALM Publishing, $24.95
Reviewed by William R. Caroselli, Esq.
For someone who enjoys trying cases or teaching and reading about trial techniques, this volume is a must. Henry G. Miller is a raconteur - if his ability to spin a yarn is not genetic, it stems from his interest in the theatre and the courtroom. Miller is both an actor and a playwright who has synthesized his experience of four decades in courtrooms into a practical primer for the novice as well as the veteran trial lawyer. He is a partner in the White Plains, New York firm of Clark, Gagliardi & Miller, P.C., who has honed his trial skills mostly in the rough and tumble world of New York federal and state courts, but his knowledge, experience and insight are transferable to any jurisdiction. As a former Director of the International Academy of Trial Lawyers and a Regent of the American College of Trial Lawyers, Miller certainly qualifies as a Dean of the Trial Bar whose advice is wise, witty and pragmatic.
Although On Trial is a relatively quick read (165 pages), it is filled with commonsense lessons drawn from the author's vast courtroom experience. Miller readily admits that he has "quoted or stolen from other trial lawyers," but then haven't we all. The introduction begins by asking: "Another book for trial lawyers? Aren't we already drowning in a flood of never-ending how-to-texts?" But this is not another humorless CLE text. The author instructs with bullets and vignettes that maintain the reader's interest and entertain while at the same time teaching without being pedantic. Each chapter dissects a specific part of the trial from voir dire through closing with additional chapters that are philosophical about trial practice without preaching about the search for truth and justice. For example, the "Ten Most Common Transgressions Against the Manners and Morals of Advocates" are devoted to topics of: Discourtesy, Rudeness and other Incivilities; Intimidation; Appealing to the Baseness of Human Nature; and, Coaching the Witness. The titles of the subchapters actually belie his position and are teasers to engage the reader.
For the neophyte, Miller lists "Nineteen Tiny Tips for Trying your First Case, ranging from "Love Your Client" to "Don't Shoot Every Mosquito". Each tip is accompanied by an anecdote or example that is instructive, insightful and humorously relevant, but he warns against the use of humor in the courtroom.
In the world of litigation where even the simplest case can be made complex because of our profession's proclivity to overuse experts, Mr. Miller offers counsel: Living With Experts�Twenty Pungent Proverbs and Eighteen Little Gambits. None of the descriptions are trite and his use of language is grist for the most venerable practitioner.
Many years ago, one of my personal mentors said: "A lawyer who has never lost a case has never tried enough cases". For those of us who have been on the losing end of a verdict, the chapter "Living With Defeat" offers valuable life lessons to endure those troughs of agony. On the interplay between advocates, judges and juries, the writer offers "Nine Secrets for Living With Judges" and an additional chapter, "Courage, or Trying a Case When the Judge and Jury Hate You". For the cynical but literate advocate, he begins with the H.L. Mencken statement "A judge is a law student who marks his own examination paper". A thought perhaps that many of us have had when dealing with a difficult judge, however, what follows are techniques to persuade, handle and perhaps even beguile jurists of all degrees of intellect, civility and personality or lack thereof.
The final chapter, "The Art of Survival - Sixteen Secrets", the pundit offers, inter alia, with amplification on each thought:
� Do Not Take the Case Home (at least, not every case)
� Beware of Young Lawyers
� Do Not Read the Advance Sheets (only)
� Read the Advance Sheets
� Do Not Take Yourself Too Seriously
For those of you who know of or have known Henry Miller . . . and yes, he is a friend, On Trial is not just a book on trial technique, but a glimpse of the yin and yang of the life of this successful trial lawyer without the hubris of an autobiography but with the self-deprecating humor of an accomplished trial lawyer who has enjoyed his profession and life.
A personal suggestion�this book is a great gift for the aspiring trial lawyer and a library addition for those who enjoy teaching our craft.
William R. Caroselli, a partner in the Pittsburgh law firm of Caroselli Beachler McTiernan & Conboy, is a past president of PaTLA.
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