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    Wisconsin Lawyer
    December 01, 2002

    Book Reviews

    J.P. Fernandes; Mark Brown; Johanna Novak; Anne Henry-Blood

    Wisconsin Lawyer
    Vol. 75, No. 12, December 2002

    Book Reviews

    Cardinal Rules of Advocacy: Understanding and Mastering Fundamental Principles of Persuasion

    By Douglas S. Lavine (Notre Dame, IN: National Institute of Trial Advocacy, 2002). 280 pgs. $49.95. Order, (800) 225-6482.

    Reviewed by Mark S. Brown

    Experienced and new attorneys will look at the nine "cardinal rules" and believe that they already know them. They are correct.

    This book does not tell us anything we do not already know. It does, however, give us concrete reminders of how to handle cases, from the starting blocks to the finish line.

    Using examples ranging from the Old Testament to Ronald Reagan, from Cicero to Winston Churchill, and many others from all walks of life, as well as examples of the very good (and very bad) things he has seen as a trial court judge, Lavine continuously reminds us of the importance of careful work on every case.

    The nine rules are simple: know your audience(s); establish/enhance integrity and credibility; think creatively; complete preparation; frame the issues; answer questions directly and persuasively; focus the audience's attention on key themes; use language precisely and persuasively; and behave professionally and civilly and observe proper court etiquette. Judge Lavine brings the rules to life and gives real-life examples showing their importance.

    Cardinal Rules of Advocacy is a good read. It is not a how-to manual in any sense and it is not a preachy "if only lawyers would...." However, it reminds us to not fall back on practices we may believe are rote. Each case is different, and that is a theme stressed throughout the book.

    There are exercises after each chapter. I doubt that many readers will actually do them, and they do not add to the book. But, with rich examples and a theme that none of us should ignore or forget, the book is worth the price.

    Mark S. Brown, U.W. 1998, is a member of Wessel, Brown & Associates LLC, Madison, primarily practicing in criminal defense and family law.

    Divorce Forms: A Handbook for Clients

    Edited by Willard H. DaSilva (Chicago, IL: ABA Family Law Section, 2001). 40 pgs. $12.95. Order, (800) 285-2221.

    Reviewed by Kelly M. Dodd

    The title and subtitle of this book should trade places because even though the "Divorce Forms" get top billing, it is certainly more of a "Handbook for Clients." The book offers simple information-gathering forms intended to expedite the discovery process and facilitate the preparation of a financial declaration, but the forms are not the best part of this book. For the book to be effective as a form manual, the client would have to complete the various fill-in-the-blank forms and return them to you so that your assistant could then format them to comply with circuit court filing standards. The book cannot be very useful to clients if they have to give it back to you, and the forms are not very useful if they have to be typed and reformatted.

    For example, the book has one of the most comprehensive and well-organized financial declarations I have ever seen, but I suspect that judges would not appreciate the trendy and cartoonish graphics that illustrate every page. Therefore, the forms in this book are not a substitute for the boiler-plate financial declarations and medical authorizations you have been using.

    However, as a "handbook for clients" this book is a useful resource that educates clients about the divorce process and how to effectively communicate with their divorce lawyers. The book claims that its goal is to "supplement and reinforce" your legal advice and to "enhance communication" between attorneys and clients. It defines itself as "a reference tool to help minimize [the client's] confusion, apprehension, and anxiety." Providing this book to new divorce clients would be an effective, but subtle, way of emphasizing the points you made in your initial consultation that may have been lost on the client due to anxiety, emotions, or forgetfulness.

    This book is directed at and intended for the client. The ABA offers it to lawyers for between $3 and $12.95 per copy, depending on the number of copies ordered. Because this book is offered by the ABA, it is very general in its scope and attempts to achieve a universal perspective; some of its references and terminology are not applicable to Wisconsin divorces.

    Even so, the book is an attractive marketing tool. If you provide your new divorce clients with this easy-to-read divorce guide when you tender your retainer agreement, firm brochure, and business card, you will impress them with your readiness to help them and your willingness to help them help themselves.

    Kelly M. Dodd, Marquette 2000, is a shareholder at Petrie & Stocking S.C., Milwaukee, where her practice emphasizes family law, commercial law, and appeals.

    Legal Writing: Form & Function

    By Jane N. Richmond (South Bend, IN: National Institute for Trial Advocacy, 2002). 177 pgs. $59.95. Order, (800) 225-6482.

    Reviewed by Johanna Novak

    Good writing skills are the most important part of any attorney's practice. Unfortunately, most law schools offer legal writing courses only during a law student's first year of school. Recognizing that many attorneys begin to practice law with gaps in their writing background, Jane N. Richmond developed Legal Writing: Form & Function to help lawyers identify those gaps, develop the skills to fill them, and write effectively with confidence. Richmond, the director of the writing program at Jones, Day, Reavis & Pogue, has taught writing to hundreds of attorneys since 1982. She has a Ph.D. in English and more than 30 years of teaching experience.

    Using materials related to actual legal practice (that is, memoranda, briefs, and letters), the book contains seven chapters of samples and exercises designed to test both practicing and aspiring attorneys in practical application of their knowledge. Topics include style, persuasion, grammar, punctuation, and paragraph structure. In addition, the book contains both a comprehensive glossary and an index to aid readers. Useful for law students, this book also is helpful for practicing attorneys who need a reminder of the basics of legal writing.

    Johanna M. Novak, U.W. 2000, practices with Foster, Swift, Collins & Smith P.C. in Lansing, Mich., as a member of the business and tax department.

    Medical Device Accidents and Illustrative Cases, Second Edition

    By Leslie A. Geddes (Tucson, AZ: Lawyers & Judges Publishing Co. Inc., 2002). 512 pgs. $99. Order, (800) 209-7109.

    Reviewed by Anne Henry-Blood

    In this book, Dr. Leslie A. Geddes, an expert witness who specializes in medical device accident and patent infringement/invalidation/litigation, discusses the nuts and bolts of medical device issues ranging from electrosurgery to tissue injury. The book is written in textbook fashion, and would appear to be a "must read" for professionals who deal in medical malpractice. In the preface, Geddes indicates that the book is written for attorneys, manufacturers, expert witnesses, clinical engineers, physicians, and nurses. The author provides many real-life examples, with jury verdicts included where applicable.

    The first chapter gives basic information about product liability and medical technology. The remainder of the book (except the last chapter) deals with specific types of medical devices, accidents that can and have occurred, and how accidents can be avoided. Topics of discussion include electromagnetic interference/discharge; electrosurgery, electrocautery, and laser surgery; anesthesia; catheters and catheter electrodes; transdermal drug transport; and pain suppression by electrical stimulation.

    Of particular interest to attorneys are the actual cases discussed in each of the topics. For example, mishaps have occurred involving various types of electronic equipment, including walkie-talkies, cell phones, communications equipment, pagers, and paging systems. There have been instances of wheelchairs with electrical systems "going by themselves" when emergency vehicles drive by them and slot machines affecting the operation of pacemakers. The most enlightening fact is that everyday events (like cell phone use) can affect the operation of medical equipment.

    The book is well-researched and well-documented. Each chapter has an extensive bibliography. Geddes is well-credentialed and obviously has spent a great deal of time in testifying and working with the legal system.

    The last chapter is the most entertaining. Geddes gives "important information for the technical expert" that obviously is derived from his personal experience. He gives helpful tips on investigation procedures for medical device accidents, and some good legal distinctions on admissibility of types of evidence that are found at these accidents. He includes information on depositions, courtroom behavior, and general legal background for the technical expert. The most interesting part of the chapter is the author's description of the various types of attorneys and how he has categorized them: the loudmouth, the binary, the assumer, the fisherman, the double negative, the machine gun, and the incrementer attorney. Besides describing the interrogation techniques of each of these types, he gives some good advice on how to react from the witness stand.

    This is fairly heavy reading but would be excellent background for any of the professionals involved in litigation involving medical devices and the accidents that can occur around and because of them.

    Anne Henry-Blood, Thomas M. Cooley 1990, is an assistant general counsel at American Family Mutual Insurance Co., Madison.

    Corporate Director's Guidebook, Third Edition

    By the Committee on Corporate Laws (Chicago, IL: ABA Business Law Section, 2001). 88 pgs. $29.95. Order, (800) 285-2221.

    Reviewed by J.P. Fernandes

    Whether your client is thinking of serving as a corporate director for the first time or is an experienced business person in need of a quick "refresher course" on legal duties and modern corporate governance principles, the Corporate Director's Guidebook (3rd Edition) is worthwhile reading. The guidebook supplies an easy-to-understand summary of the standards that apply to directors of typical publicly held corporations under the Model Business Corporation Act. The guidebook is not, nor does it claim to be, an authoritative treatise for corporate counsel, since its target audience is primarily the nonlawyer.

    The guidebook begins by explaining the director's fundamental legal obligations, the duty of care and the duty of loyalty, appropriately pointing out that fulfilling these duties requires a serious commitment on the individual's part to thoroughly review the materials provided by the corporation and to fully document and disclose any possible conflict of interest concerning company-related transactions or other directors. The guidebook further stresses the need for individual directors to remain independent and to exercise their best judgment in making decisions.

    The guidebook provides almost too much information on the various committees charged with reporting to the full board, such as the compensation or audit committee, before it reaches the individual director's potential exposure under state and federal securities laws. Rather than leaving the reader fearing potential personal liability, the work concludes with a discussion of the circumstances permitting director indemnification.

    All in all, the guidebook is a quick and informative read for nonlawyers. It uses bulleted points to effectively parse legal language and gives readers real-world examples that apply the principles embodied in the Model Act. The work also contains a current bibliography of articles on topics concerning the business judgment rule and other corporate governance issues for those wanting additional information or a more in-depth analysis of matters only touched on in the guidebook.

    J.P. Fernandes, Marquette 1997, is an associate at the Milwaukee firm of Deutch & Weiss, practicing corporate law and business litigation.

    To Review a Book...

    The following books are available for review. Please request the book and writing guidelines from Karlé Lester at the State Bar of Wisconsin, P.O. Box 7158, Madison, WI 53707-7158, (608) 250-6127, klester@wisbar.org.

    Publications and videos available for review:

    • Bipartisan Campaign Reform Act of 2002: Law and Explanation, by Joseph E. Sandler & Neil P. Reiff (Riverwoods, IL: CCH Inc., 2002). 457 pgs.
    • E-Health Business and Transactional Law, edited by Barbara Bennett, ABA Health Law Section (Washington, D.C.: Bureau of National Affairs Inc., 2002). 782 pgs. CD-ROM.
    • Enron and Beyond: Technical Analysis of Accounting, Corporate Governance, and Securities Issues, edited by Julia K. Brazelton & Janice L. Ammons (Riverwoods, IL: CCH Inc., 2002). 444 pgs.
    • Internet Forms and Commentary: A Practitioner's Guide to E-Commerce Contracts and the World Wide Web, edited by Jonathan B. Wilson & Julia Alpert Gladstone (Chicago, IL: ABA Business Law and Public Untility, Communications, and Transportation Law sections, 2002). 138 pgs., with CD-ROM.
    • Romantics at War: Glory & Guilt in the Age of Terrorism, by George P. Fletcher (Princeton, NJ: Princeton University Press, 2002). 224 pgs.

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