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.
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.
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.
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.
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.
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.
Wisconsin Lawyer