The Hidden Jury: And Other Secret Tactics Lawyers Use to Win

Rating:
Summary: Great book, but also see Common Sense Rules of Advocacy
Review: All of Paul Lisnek's books are excellent, but another excellent book on trial advocacy is "Common Sense Rules of Advocacy for Lawyers" by Keith Evans, which is also a wonderful book for 3Ls and new lawyers who want to learn how to be effective advocates. However, Common Sense Rules of Advocacy is NOT a book for litigators, but for advocates.

What others have said about Evans book:

"Valuable review for the old timers and an excellent primer for those who are starting the climb."
-- Jacob A. Stein, Stein, Mitchell & Mezines, Washington, DC

"Superb how-to book ...that is refreshingly readable."
-- Karl Tegland, author, "Courtroom Handbook on Washington Evidence"

"A wonderful 'Bible' for the trial lawyer who wants to win. If only we had had this in law school!"
-- Browne Greene, Greene, Broillet, Panish & Wheeler, Santa Monica, CA

"Even the most experienced trial lawyer can pick up some new techniques here."
-- Frederick C. Moss, Professor, Dedman School of Law, Southern Methodist University

"Valuable insights and practical lessons for anyone who advocates for a living."
-- Steve Clymer, J.D., mediator, arbitrator, and facilitator with ACCORD Dispute Resolution Services, Inc.

"Remarkable compendium of useful advice."
-- Roxanne Barton Conlin, Roxanne Conlin & Associates, Des Moines, IA (first woman President of Association of Trial Lawyers of America)

"Great introduction for the new lawyer and a wonderful learning tool for the advocate with experience."
-- Sherman L. Cohn, Professor, Georgetown University Law Center (first national President of American Inns of Court)

"Terrific guidebook."
-- Philip H. Corboy, Corboy & Demetrio, Chicago, IL

You can see more testimonials and more information about Evans' book at RulesOfAdvocacy.com. Or search Amazon for ISBN 1587330059.

Rating:
Summary: Excellent Legal Book Even for Non-lawyers
Review: I'm not ordinarily a big fan of legal books, but I strongly recommend this one. I walked away with an in-depth knowledge of what goes on behind the scenes in the life of a jury consultant. Lisnek sprinkles his book with enticing stories of what happened with real life normal cases, as well as famous trials such as the O.J. Simpson trial, Heidi Fleiss trial and Whitewater. It's amazing, and sometimes unsettling, to see how the prepartory work can influence the outcome of a trial. Nevertheless, it is not sneaky or underhanded, but extensive research, hard work and common sense. Lisnek is a decent and intelligent man. He recognizes the importance of understanding human nature, and the powerful impact of perception with potential and real jurors. It's a refreshing and unusual look at the jury system from someone who knows it inside and out. Even if you are remotely interested in law, you would enjoy this book. And, if you need to go to court, make absolutely sure your lawyer has a copy. A terrific read!

Rating:
Summary: The real workings of power within the courtroom
Review: The Hidden Jury by trial lawyer, educator, author, trial consultant and communications expert Paul M. Lisnek is a fact- and advice-filled expose of how the American court system truly works, with all its virtues and pitfalls. From mock trials that have a disproportionate impact on the final verdict; to the trial services that only the wealthiest clients can afford; to techniques used by lawyers to present their case and sway observers' minds as forcefully as possible; to the real workings of power within the courtroom, The Hidden Jury is very strongly recommended reading for anyone involved in, or pursuing a career with, the American criminal or civil legal system today.

Rating:
Summary: Disappointed reader
Review: Very disappointed in this title, which would have benefited from greater editorial oversight, including substantial redaction and re-writing. While the book contains a promising organizational structure, the text is wordy. One has to wade through paragraphs that are are redundant or void of specific meaning in order to glean the author's point. I don't think the author is purposefully padding, but half of the book could have been cut without harm done.

The author's constant use of anecdote is frustrating. His point seems to be that his personal experience is instructive of the what happens before and during jury trials at large. While that may be the case, he doesn't persuade me of that.

I am not sure I would agree with his logical argument either. His premise is shaky, and I found myself unpersuaded that the use of jury consultancy services is either sincere or honest. Instead, it appears to be merely another weapon in the arsenal of persuasion -- a weapon that takes advantage of jurors' fallibities -- and eschews an understanding of the higher purpose of judgement by jury.

The assumption is that jurors come in with biases. Naturally, we all have them. But instead of asking jurors to put aside these biases to the extent possible, the author would rather play to their biases and exploit them since no one, as he states, can possibly be objective. Why? Because no one can have sufficient knowledge of all facts and potentialities to allow objectivity (the "God" theory, one might call it). (Is this true? Can no one recognize and put aside for the moment, in the judgement of others, those ideas and values they hold dearest?)

Contradictorily, he also claims that community research conducted by jury consultants, such as he is, is objectively believable, even if limited to phone interviews with as few as 50 targets. One simply can't have it both ways.

Well, what of the biases of the jury researchers? If jury research can be made "objective," or nearly so, then surely jurors surely can be asked to put aside whatever bias they may have for the length of the jury trial. This is the logical failure of Mr. Lisnek's argument, one that detracts from the overall effectiveness of the book.