Legal History Commons^™

Closing Argument, James H. Seckinger

Journal Articles

To put closing argument in perspective, lawsuits are won or lost on the evidence and the law, not on the advocate's analytical and oratory skill. As pointed out by Broun and Seckinger: “This is not intended to minimize the importance of the closing argument. It is merely to relegate it to its proper position, which is a summation of the evidence that has preceded it and a relation of that evidence to the issues in the case.”

An effective closing is an argument, not a summation. An effective closing argument should attack the serious problems in a case and put …

Presenting Expert Testimony, James H. Seckinger

Journal Articles

Mindful that the readers of this Commentary include both experienced advocates as well as lawyers embarking on new careers in the courtroom, this author has divided the Commentary into two parts. The first part considers the seven touchstones for a persuasive direct examination of an expert witness. This discussion should be useful for the experienced and inexperienced advocate alike. The second part of the paper is intended as a primer on practical matters surrounding the selection, preparation, and presentation of an expert as a witness at trial. Experienced advocates may find in these pages confirmation of their practice concerning the …

Reflections On Professor Chroust's The Rise Of The Legal Profession In America, Donald P. Kommers

Journal Articles

A review of Anton-Herman Chroust’s 1965 study on lawyers and the status of the legal profession in the United States from early colonial days to 1830.

Though the review praises the wealth of facts and detail in the work it argues that Chroust is more interested in glorifying the early American legal profession rather than analyzing the conditions for its growth. It also contends that Chroust does not organize his material according to a coherent theory or conceptual scheme. The review, in addition, asserts that Chroust focuses too much on the pious and self-righteous rhetoric lawyers at the time, assuming …