How to Succeed as a Trial Lawyer, Third Edition

Esteemed Yale Law professor Stewart Edelstein’s third edition of his book How to Succeed as a Trial Lawyer is an essential resource for all trial attorneys and legal practitioners. Reading Professor Edelstein’s book from front to back is akin to sitting through the ever-popular Civil Litigation Practice course he co-teaches, which has been described as “the best, most informative class to take at Yale Law School.” This book advises legal practitioners on how to practice law while navigating today’s technologies most effectively. Professor Edelstein’s advice is extensive and detailed, providing a nuts-and-bolts approach to practicing law in today’s world. You will want to read this book thoroughly and keep it on your bookshelf for easy reference—whether you are fresh out of law school or a seasoned lawyer. It will inevitably end up on your desk frequently.

Chapter One advises the reader on how to deal with clients, from handling the first contact with a prospective client, conducting the first client meeting, and drafting the retainer agreement to dealing with demanding clients, preparing clients for testimony, billing clients, and concluding your representation. Chapter Two delves into dealing with all the others you will encounter while practicing law, from witnesses to colleagues, opposing counsel, mediators, judges, and juries. Chapter Three then opines on legal writing skills. It begins by setting out basic principles for exceptional legal writing, a reminder of which is always helpful. The professor then provides practical advice on writing particular legal documents, including letters, email texts, internal memos, court filings, and settlement agreements.

Chapter Four focuses on discovery and compliance with discovery rules. Particular attention is given to e-discovery and electronically stored information (ESI), practical tips on taking and defending depositions of fact witnesses and experts, whether in person or remotely, and the use of video depositions, among other things. Chapter Five addresses how to leverage artificial intelligence (AI) in practice. Professor Edelstein considers strategies for implementing AI, as well as challenges and ethical considerations for its use.

Chapter Six discusses alternative dispute resolution (ADR) types—informal and formal negotiation, mediation, and arbitration. For each type of ADR addressed, the professor considers practical issues and gives step-by-step guidance for both in-person and remote processes. Professor Edelstein next addresses court proceedings in Chapter Seven. In this chapter, Professor Edelstein instructs on every facet of trial practice, including courtroom etiquette, jury selection, and oral presentations. He informs the reader on how to present a compelling commercial case from the perspective of a plaintiff and a defendant. Chapter Seven concludes with a discussion of the impact of the December 1, 2023, and December 1, 2024, amendments to the Federal Rules of Evidence (FRE) and how best to adapt to these changes in your practice.

Finally, in Chapter Eight, Professor Edelstein offers his thoughts on how to succeed in one’s professional and personal lives while practicing law. He discusses, among other things, dealing with tricky ethical issues, marketing yourself (within the ethics rules), and coping with the inevitable stress to not only survive but also thrive.

In addition, How to Succeed as a Trial Lawyer includes an appendix of hypotheticals for ethical considerations with suggested prompts, another appendix with additional suggested reading, and practice checklists for frequent tasks. Whether you are a novice or an experienced attorney, this book will provide ongoing invaluable insights and advice for navigating your practice and career in the modern day. It will also be a resource you turn to frequently through the years. As a bonus, the legal cartoons interspersed through the chapters will give you a good chuckle!