Lawyers Weekly Books

By Herbert J. Stern and Stephen J. Saltzburg

Here’s a new edition of one of the most brilliant and inspiring trial manuals ever written. The book explodes the many fallacies that are routinely taught in civil and criminal trial courses, and shows you how to powerfully persuade jurors every step of the way.

You’ll learn:

* Why 97% of what you’ve read about opening statement is wrong, and how to do it right.

* The #1 most important thing that must be established by your courtroom demeanor, and why.

* How to handle alternative arguments (e.g., arguing against liability while arguing damages), and why most lawyers shoot themselves in the foot

* A definitive answer to the “primacy vs. recency” debate (and you might be surprised by the result)

* Why it’s often good for you when your opponent objects

* Why you should never mention the burden of proof (except in one special case)

* The right way to use displays and illustrations

* A simple technique to turn weaknesses in your case into strengths

* How to make your own witnesses more credible to jurors, and how to emphasize their strong points without sounding repetitive

* Why most witness preparation is a complete waste of time, and how to do it right

* The surprising truth about the best order to present witnesses

* The real purpose of cross-examination, and why the “rules” about leading questions and always knowing the answer sometimes hurt your effectiveness

* Why you should cross-examine most witnesses even if they didn't hurt you

* Why so many lawyers over-authenticate exhibits – and offer them at the wrong time

* How to handle opposing witnesses who blurt out damaging comments during cross

* The main goal of closing argument (hint: it’s not to persuade the jurors)

“State of the art. The bible for all jury trial lawyers.” – Ted Wells, co-chair, litigation department, Paul, Weiss, Rifkind, Wharton & Garrison

One volume, hardbound, 414 pages. Published in 2013.

Massachusetts Bad Faith Insurance Litigation

The new second edition of this book offers a complete guide to bad faith insurance cases under chapter 176D.

You'll get a history of bad faith law in Massachusetts, a comprehensive analysis of the statute (as well as related basis for suits), and a helpful discussion of first party vs third party claims.

But that's just the beginning. Author Sean Carnathan, a seasoned litigator. walks you through all practical issues- the demand letter, the statute of limitations, pleadings, discovery, typical evidentiary problems, common and less common insurer defenses, how to use experts, interest and attorney fee awards, appeals and more.
The book is written in plain English but backed up by thousands of detailed citations and numerous sample documents. It's like bringing in highly experienced co-counsel to walk you through every step of your case.
The new second edition includes decisions through the end of 2019, an expansive discussion of discovery and an analysis of the recent Supreme Judicial Court decision approving consent-to-settle clauses in professional liability insurance policies.

One volume, softbound, 183 pages

By Henry L. Hecht

"This useful new book offers a wealth of practical advice as well as important strategic and tactical concerns … An excellent reference on a critical aspect of most lawsuits." – Jerold S. Solovy, Chairman Emeritus, Jenner & Block LLP.

“If you have only one book on depositions, this should be it." – James W. McElhaney, author of McElhaney's Trial Notebook.

Click here to see the table of contents.

One volume, softbound, 866 pages.

This is the official SJC reference book on the law Evidence. It is on every judge's bench. It covers all aspects of evidentiary admissibility and much more, along with a comparison between Massachusetts law and Federal Rules. Like its predecessors, the 2023 edition of the Guide contains substantive changes to the guidelines as well as accompanying, detailed notes to keep pace with changes in the law at the state and federal level. The 2023 edition includes substantial revisions to Section 403 (Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time or Other Reasons), 404(b)(2) (Prior Bad Acts), Article V (Introductory Note), Section 901 (Authentication), section 1101(c)(3) (probation violation proceedings), section 1105 (Third-Party Culprit Evidence), section 1107 (Inadequate Police Investigation), section 1106 (Abuse Prevention Orders and Harassment Orders), and section 1113 (Opening Statements and Closing Arguments). The 2023 edition also contains a new section 1120 that compiles the law concerning Courtroom Demonstrations, Experiments, and Computer Simulations). The 2023 edition adds 48 new decisions by the Supreme Judicial Court and the Appeals Court from 2022, and an additional 36 appellate court decisions that did not appear in prior editions.

The 2023 Supplement to the Handbook of Civil Procedure in the Massachusetts District Court is now available!

The Supplement provides analysis of new developments in the law during the past year affecting District Court civil procedure – including new statutes, case law, court rules, Standing Orders, administrative materials, and forms.

The Handbook and its supplements strive to provide all information relevant to District Court civil procedure in an organized, understandable, and accessible format.