Sam Schrager The Trial Lawyer's Art

ISBN 13: 9781566396738

The Trial Lawyer's Art

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9781566396738: The Trial Lawyer's Art
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How do lawyers sway jurors in the heat of a trial? Why do the best trial lawyers seem uncannily able to get the verdict they want? In answering these questions, folklorist Sam Schrager vindicates -- but with a twist -- the widespread belief that lawyers are actors who manipulate the truth. He shows that attorneys have no choice but to treat the jury trial, from beginning to end, as an artful performance: as story-telling combat in which victory most often goes to the man or woman who has superior control of craft. Drawn from fieldwork in the Philadelphia courts and at the Smithsonian Institution's American Trial Lawyers program, The Trial Lawyer's Art gives a remarkable, in-depth look at this craft of performance. It examines how lawyers exploit a case's dramatic potential, how they enact mythically potent themes, how they project personal authority, and how they use cultural identity -- their own and their opponents' racial, gender, class, and local affiliations -- all to make themselves and their stories persuasive to a jury. Schrager depicts the performance styles of some of the nation's most artful criminal and civil advocates: in Philadelphia, prosecutor Roger King, defender Robert Mozenter, and the legendary Cecil B. Moore; from around the country, such litigating stars as Roy Barrera, Penny Cooper, Jo Ann Harris, Tony Serra, and Michael Tigar. These lawyers reflect candidly on their courtroom calculations and share revealing \u0022war stories\u0022 about their work. Integrating performance insights with evocative portrayals of unfolding trials, The Trial Lawyer's Art offers a no-holds-barred analysis of the place of skill versus evidence in the American justice system. In doing so, it raises vital questions about the moral challenges that legal and other professions now face and sheds new light on the role of stories in American life.

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About the Author:

Sam Schrager is a member of the faculty at The Evergreen State College in Olympia, Washington, where he teaches cultural and community studies. He was curator of the American Trial Lawyers program at the Smithsonian Institution's Festival of American Folklore, a main source of material for the book.

Review:

"Schrager's The Trial Lawyer's Art is an immensely readable and engaging account of what lawyers do as they try to persuade jurors. It boldly and forthrightly analyzes the performances of some of the best lawyers in America. Filled with illuminating anecdotes, this book makes a good case for the view that those performances are essential to truth-finding in the courtroom. Based on observation of lawyers at work and skillful interviews, the book reveals to the reader lawyers' styles and strategies, their view of clients, judges, and jurors, and the ways that the character of lawyers themselves is shaped by their courtroom personas. Schrager (Evergreen State College) offers a wealth of original data presented in a way that allows readers to draw their own conclusions about the skill, commitment, and effectiveness of lawyers and the health of the adversary system. Highly recommended for undergraduate, graduate student, and faculty collections." By A. D. Sarat, Amherst College -- Choice Magazine, November 1999

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ISBN 10:  1566397995 ISBN 13:  9781566397995
Publisher: Temple University Press, 2000
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