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The Trial Lawyer's Art, by Sam Schrager
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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 storytelling 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 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 "war stories" 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. Author note: 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 Folklife, a main source of material for this book.
- Sales Rank: #2664184 in Books
- Published on: 1999-04-16
- Original language: English
- Number of items: 1
- Dimensions: 1.03" h x 6.26" w x 9.21" l, 1.15 pounds
- Binding: Hardcover
- 245 pages
From Library Journal
How can you tell the difference between a snake that's been run over and a lawyer who has met the same fate? There are skid marks in front of the snake. Folklorist Schrager suggests that today's antipathy for the legal profession stems from our cherishing the ideal that the evidence will determine a person's guilt or innocence while at the same time recognizing that it is often the lawyer's performance that tips the scales of justice. Further, Schrager contends that the jury trial, a kind of ritual verbal combat, demands compelling performances from attorneys if they are to win. He draws from fieldwork in Philadelphia courtrooms, interviews with lawyers, and mock court battles at the 1986 Festival of American Folklife to create a fascinating portrait of the attorney as storyteller and performer. Recommended for popular legal collections.AJim G. Burns, Ottumwa, IA
Copyright 1999 Reed Business Information, Inc.
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
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.
Most helpful customer reviews
2 of 2 people found the following review helpful.
Riveting scholarship
By Leslie Gates
Disclosure: I know the writer socially. When he told me he'd written a textbook, I ordered it as I usually do with friends' books. Frankly, I was expecting an academic tome about folkloric scholarship and how it applies to trials. What I didn't expect was a fascinating, easy-to-read discussion of trial lawyers as storytellers, with lots of well-chosen examples from experts in the field. Professor Schrager uses trial transcripts to show various rhythms and cadences used by prosecutors and defense attorneys to make their cases to ordinary citizens. He highlights the images and motifs excellent lawyers develop over time as they become expert persuaders, and brings you into the cases themselves. I was so absorbed in the story of one trial that I stayed up reading until 3 am.
Scholars of folklore, students of literary arts, trial lawyers and anyone who's ever served on a jury will find this book fascinating. And I'm not just saying so because my friend wrote it. It's really good.
0 of 0 people found the following review helpful.
Persuasive lawyers
By Juan Pablo Nieto
Entertaining book about some American lawyers, Roger E. King, John Shepherd ("sophisticated folksy" style), Roy Barrera,...Also the historic ones like Clarence Darrow are referred to; the outstanding Johnnie Cochran, "an expert on the manipulation of cultural identity". And their art: cadences, rich tonalities, rhythmic language, poetic diction, and unusual body movements. All mixed with popular aphorisms, "If you have the evidence, you argue the facts. If you don't have the evidence, you argue the law. If you don't have either, you just argue". The jury system, crucial in this culture, "common sense is what makes the jury system work!" they say. In short, an amusing parade of best lawyers and their shrewd examinations and closing speeches.
Juan Pablo
3 of 4 people found the following review helpful.
The Trial Lawyer's Art
By W. C. Head
A beautiful piece of work, and a moving tribute to great trial attorneys across America. Having defended criminal trials for 33 years, I appreciate the insight and writing skills it took to produce this book.
William C. Head
Attorney at Law
Atlanta, GA
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