*U.S. addresses only
Availability: COMING SOON (Summer 2022)
Format: Softcover book and/or PDF eBook sent on CD or USB stick
If there is one book to keep desk-top and in the briefcase, this is that book. This is a hands-on, how-to-do-it text from two experienced litigators. It is a must for all who work on conduct and performance issues and for all who try cases. Unlike other texts, this was designed to be the ultimate reference, quick answers for hard issues, hard questions, the can’t-be-without-it constant companion reference.The authors start with the keys to each essential step: pretrial practice from noticing charges to prehearing requirements; winning direct and cross examination; persuasive use of documents; and ends with post-trial advocacy. At each step the text highlights the applicable rules and regulatory requirements: the essentials of notice, evidence, objections and responses, regulatory nuances of discovery, and controlling cases (synopsized). Regulatory and statutory requirements are given and all applicable regulations, laws, and controlling case law are included for easy, ready reference. This is the essential what to do, how to do it, how to find it text, all at fingertip reach. Each chapter contains practice tips and techniques and ends with a checklist. Major topics include:
- Part 1 — Building the Case
- Fundamentals of a Winning Case — the essence of advocacy; dealing with difficult evidentiary problems.
- Hearing Preparation — witness and hearing preparation; witness lists
- Prehearing Practice — drafting the winning motion
- Part 2 — The Hearing
- Credibility is Key — assessing credibility; building a credible case
- Direct Examination — role of direct; what to ask and not ask; relevancy; rules on questions; three-step direct preparation; questioning for impact and emphasis
- Cross-Examination —cross is not discovery; scope; impeachment; what is needed from the witness; crafting unobjectionable leading questions; controlling a problem witness
- Expert Witnesses — when, who, and how to use; voir dire; cross examination of an expert
- Objections — opinion rule; competency; relevance; scope of examination; hearsay; character; common misconceptions; objections and responses as an advocacy tool
- Effectively Using Exhibits — the power of paper; foundations; relevance; official documents; certified records; proffers and rejected exhibits; how to introduce an exhibit; authenticating witnesses
- Opening and Closing Arguments — importance; limitations; never waive or postpone arguments; content and substance;
- Part 3 — EEOC Guide
- Reference to EEOC Litigation — burdens of proof; introducing exhibits to the record; affirmative defenses; damages litigation; table of useful cases
- Part 4 — MSPB Guide
- Reference to MSPB Litigation — burdens of proof; agency files; e-filing; how to cite to the record; subpoenas; damages litigation; petitions for enforcement; attorney fees; table of useful cases
Also included are detailed table of contents and a table of cases.
Also available on a CD-ROM as a .pdf file with many useful features. Hyperlinks allow the reader to move quickly between the Table of Contents and the corresponding portions of the text. Internal hyperlinks serve as a cross-reference feature within the text, and web links of major cases take users to full text versions available online.