Belli, Melvin M.

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University of Kentucky

Kentucky Law JournalVolume 47 | Issue 4 Article 121959Courtroom Know-How by Joe H. CernyMelvin M. BelliFollow this and additional works at: https://uknowledge.uky.edu/kljRight click to open a feedback form in a new tab to let us know how this document benefitsyou.This Book Review is brought to you for free and open access by the Law Journals at UKnowledge. It has been accepted for inclusion in Kentucky LawJournal by an authorized editor of UKnowledge. For more information, please contact UKnowledge@lsv.uky.edu.Recommended CitationBelli, Melvin M. (1959) "Courtroom Know-How by Joe H. Cerny," Kentucky Law Journal: Vol. 47 : Iss. 4 , Article 12.Available at: https://uknowledge.uky.edu/klj/vol47/iss4/12Book ReviewsCoxrmmoOM KNow-How. By Joe H. Cemy. "Observations by a CourtReporter," The W. H. Anderson Company, Cincinnati, 826 pp.One of the most important functionaries in the modem court-room, and at the same time the most self-effacing and least noticed,is Mr. Courtroom Reporter. With the promise of 'machines to do ourthinking and recording instruments to report our talking, he, in thenot too distant future, may be as obsolete as the quill pen, but inthe meantime, the trial lawyer, as well as the trial judge, and later on,the appellate judge, has come to regard his quiet scratchings or hissilent stenotyping as indispensable to the modem trial.If ever the machine age should catch up and replace the court-room reporter, Joe Cemy, in his delightful book, "Courtroom Know-How," gives indication of what other reporters might do for liveli-hood: write a book of their memoirs.Television and screen search for "new material." It's present involumes upon volumes in the files of every court reporter. As oneof the most important men in the courtroom, he is also the most factualobserver. The judge is supposed to be impartial, but eventually, hisvery act of judging destroys his impartiality. But the reporter, is asimplacable as the stone tablet, and he doesn't even change a word orbad grammar.Earl Welch, Chief Justice of the Supreme Court of Oklahoma, in-troduces Mr. Cerny's book, and his opinion that the book is "highlyinformative for lawyers, as well as delightfully entertaining" will beconcurred in by every reader.But "Courtroom Know-How" is more than delightfully enter-taining; it is specifically suggestive to the new, as well as the vet-eran trial lawyer. "Little things" often turn a lawsuit and this bookis chuck full of "little" suggestions. It's the "how to win friends andinfluence people"-in the jury box-for lawyers as well as laymen.The court reporter has seen new lawyers develop into veterans. Hehas seen what has made them good or bad lawyers. He has observeddifferent styles. He has observed different modus operandi, as wellas different receptions by different juries of the same modus operandi.He has heard every new and old 'lawyer's joke," but what's moreimportant, he has seen the impression that it has made on not one butone hundred juries.BooK REviEwsThe court reporter has seen human nature on the witness stand,in the jury box, on the bench, and at the bar. Most trial lawyersvalue the reporter's opinion as to how a case is going, above everyoneelse's. Most court reporters while working on a case are reluctant togive it because they are so impartial. But now, Cerny "tells all" andthe "all" is excellent advice to lawyers of this, as well as the oldergeneration.The court reporter has a vocabulary and an appreciation of court-room language, as well as courtroom manners. He, above everyoneelse, can give "pointers' on "how to behave" in court. Cerny doesthis, not only instructively for the lawyer, but interestingly for-thelaymen who look in on the makings of a trial-and a trial lawyer.The book should be read cover to cover, at leisure, although thepublishers' excellent index makes the book even valuable as a specificresearch tool. It's a storehouse of memory and method. Its value liesin its variety of subject matter, not its consistency or sequence of topic.Take the suggestion in the chapter "Argument to Jury": "Don'thold too tightly to a selfish thought such as: 'How can I manage towin this case of mine?' Rather keep thinking to yourself, 'How can Iassist the jurors (or this judge) to envision justice here as I sincerelyview it?' (See the psychological difference?)" This is a good, practicalsuggestion. I know. I have tried it.Here's another: "Admit a weakness first: Whenever on your sideof the case there clearly are any weaknesses such as gaps in yourproof, or ungentlemanly conduct of your client or witness, don't tryto cover them or gloss them over. If you freely confess the obviousweakness or lack before launching into your argument, then, on theremaining things that you do assert positively, you will sound author-itative and hence fully believable. On the other hand, if you firststate your strong points with all your forensic ability, and afterwardhesitatingly make any forced admission against your side of the case,you will be ending on weakness instead of strength."In the chapter, "Pointers on. Juries," we find "fascinating study":"The study of the jury mind is one subject from which we nevergraduate. 'Jury' has half-jokingly been defined as 'A group of twelvepersons who decide which side they think has the better lawyer.'Actually, this definition isn't far from wrong if we add these qualify-ing words: 'From the standpoint of counsel's considerateness towardthe jurors themselves."'"Really, the longer you observe jurors, the more intrigued youwill become and the more surprises you will see. You may get soyou will habitually try to visualize and anticipate 'unexpected' ver-dicts, particularly in trials in which you are not involved. Still youKENTucKY LAW JOUnNAL [o 7won't be able to guess what 'crazy' or amusing thing a jury will donext." This I know: I've tried itlThe stories recounted by Cerny are not only amusing, but use-able and exemplify the point in his book as the story was supposedto emphasize the point before the jury.Certainly, the book is not one that "preaches" or assures that thebest and most prepared lawyer will always win, through the bloodybattle to the golden award. The book is practical, very practical,but has just the right amount of learning and psychological twiststhat must accompany any words of advice that are to be valuable andremembered, these days. The chapter "When and How to SettleLawsuits" gives the different, sometimes amusing, but overall mostvaluable approach to the answer of this sixty-four dollar question.The author has "been around." His advice is so varied, as wellas valuable, that it would be unfair even to attempt to summarize itin a book review.Similarly, the chapters so sparkle with originality and variety ofsuggestion that it would be unfair in a book review merely to listchapter headings. The curriculum today in any law school is so heavythat the trial-lawyer-to-be has little time for viewing the courtroomor the actual trial. Unlike the doctor, whose scalpel and someoneelse's body is always close at hand through his learning, the lawyer'sbooks are too frequently too far from reality.But every law student manages to read "Time" or "Newsweek"or the daily morning paper. Let him miss a couple of issues of these,and read "Courtroom Know-How" by a knowing reporter. It willreally start him thinking about his profession in a new light-anddouble up his already too many problems, perhaps. Here is a bookevery law professor could justifiably recommend to his students-and every lawyer, could, with equal pride, give to his clients.Melvin M. BelliSan Francisco andHollywood (Los Angeles),California BarsMODERN CRumvnAL PROCEDuRE. By Roy Moreland. Bobbs-Merrill Co.,Inc. 1 vol., 384 pp.A new book is always an event. The mere announcement of itspublication stirs curiosity and speculation as to its author, purpose,and subject matter. Both the curious and purposeful reader will findsubstantial rewards in reading Professor Roy Moreland's, "ModemCriminal Procedure."Vol. 4 ,

Courtroom Know-How by Joe H. Cerny

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Courtroom Know-How by Joe H. Cerny

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