Written by a veteran, nationally known family lawyer, this is a comprehensive yet hands-on guide to managing and trying a divorce case. This unique manual is based on author Steven Peskind's years of experience as a family lawyer and as an instructor at the renowned Trial Advocacy Institute for matrimonial lawyers. Based on information shared by the Institute's respected family law faculty, the book covers the fundamentals of trying a divorce case--opening statements, direct examination, cross-examination, and closing argument--as well as handling typical and critical issues such as how to present and challenge financial and child custody expert witnesses.
Now completely rewritten, this second edition of the bestselling Divorce Trial Manual covers everything from the essential information gathered in initial client meetings to organizing the case and bringing all the issues and evidence together in the trial and closing argument. Throughout the book, practice notes and bullet points explain detail points in evidence gathering, cross examination, and case management.
The first part looks at the importance of pretrial planning and analysis, from strategies for a successful consultation to guidance on starting and managing a case, this book demonstrates the importance of beginning trial preparation at the beginning rather than a month before trial. Case analysis, discovery, and motion practice are also covered in this part.
Litigating the divorce case comprises the book's second edition, focusing on the elements that make a well-prepared advocate. Beginning with the importance of opening statement, organized information, sample questions, and useful tips explain the basics of both offense and defense: presenting and defending your case. The final chapter in this section looks at the types of closing arguments, presents a formula for building your argument, discusses using visual aids, and more.
The final section considers the particulars of two issues most often involved in a divorce case, and those most impacted by nuance and presentation: handling a custody case and a financial case. Common to both cases is the use and importance of expert witnesses to evaluate the best interests of children and to value business interests. These chapters deconstruct how experts reach their opinions and suggests ways of presenting those opinions or challenging them. In addition to detailed information on both topics, Peskind provides sample examination questions for both the direct examination and the cross-examination of expert witnesses.
Concluding the book are an array of reference materials, including intake forms, case management checklist, sample forms and letters, and an evidence foundation chart. As Steve Peskind states, "there is no trick to being a great trial advocate."
The old adage of work as being 10% inspiration and 90% perspiration is relevant for handling divorce cases. This fully rewritten edition of The Divorce Trial Manual is an essential resource for any family lawyer, even for those who helped build their skills with the first edition.
