Haley, John H., Jr.

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Washington University St. Louis: Open Scholarship

Washington University Law Review Volume 1955 Issue 1 January 1955 Review of “Trial Tactics and Methods,” By Robert E. Keeton John H. Haley Jr. St. Louis Bar Association Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Recommended Citation John H. Haley Jr., Review of “Trial Tactics and Methods,” By Robert E. Keeton, 1955 WASH. U. L. Q. 102 (1955). Available at: https://openscholarship.wustl.edu/law_lawreview/vol1955/iss1/15 This Book Review is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact digital@wumail.wustl.edu. WASHINGTON UNIVERSITY LAW QUARTERLYCyclopedia of Federal Procedure,8 Jurisdiction of the Supreme Court by Robert-son and Kirkham,9 and the admirable Federal Courts and the Federal Systemby Professors Hart and Wechsler,30 which, while designed for student use, hasan added usefulness as an attorney's desk-book. Stern and Gressman's SupremeCourt Practice can hold its own with any of these; indeed, for succinct and clearstatement of the jurisdictional law or for helpful and constructive suggestions onthe practical side, it need bow to none of the above.WILLIAM J. HUGHES, JLtTRIAL TACTICS AND METHODS. By Robert E. Keeton. New York: Prentice-Hall,Inc., 1954. Pp. xxiv, 438. $6.65.This book should be very valuable, if not a "must," for the law student andthe inexperienced trial lawyer. It should also be helpful to the more experiencedtrial lawyer as a reminder of the many factors which should be considered inthe preparation and trial of a case. The book examines the tactical aspects oftrial methods and the factors which influence the trial lawyer's determination ofwhat particular course of action should be taken in any given case.The author does not undertake to formulate and prescribe a definite set ofrules which, if followed, will produce successful results in the trial of a case.Instead, he recognizes that it may be neither possible nor advisable to use thesame tactics in every case; the lawyer who is to try a case must determine forhimself the precise avenue of approach which should be utilized in a particularsituation. The problems which may arise, and the factors to be taken into con-sideration with reference to those problems, are discussed in such a way that aspecific course of action may suggest itself to the trial lawyer who has reachedcertain conclusions in regard to his particular case.Illustrative of the manner in which the book is developed, in the chapter en-titled Preparation for Trial the author gives consideration to the various prob-lems which might arise in regard to this particular phase of trial work. In addi-tion to outlining what the trial lawyer should look for when interviewing hisclient, the author discusses the methods of investigating facts and whether thelawyer should do his own investigating or hire an independent investigator. Heconsiders what should be the content of a statement taken from a witness andwhether it should be written or mechanically recorded. Many other matters arediscussed in this chapter, including the extent'to which evidence supporting anadversary's case should be sought, the advisability of compensating a witness,and the proper procedure which should be employed in taking a deposition.In another chapter of the book, the author considers the jury as a factor inthe trial of a case. He discusses in detail the various problems which arise inthe selection of a trial jury, such as the necessity of investigating the jury panel,the questions which should be submitted to the members of the panel, and theuse of peremptory challenges. The rest of the chapter is spent examining theproblems which may arise in regard to the jury as the trial progresses, and finalcomment is devoted to the handling of argument before the jury.Many other considerations are discussed in other parts of the book, and al-though the subject matter is broken down into many sections examining par-8. 3d edition, 1951.9. See note 1 supra.10. Published in 1953.t Professor of Law, Georgetown University.Washington University Open ScholarshipBOOK REVIEWS 103ticular points, the various parts of the book are so interrelated that questionstreated in one section complement and supplement questions raised in othersections of the book. A case which is prepared and tried with consideration givento the matters which are discussed and suggested in this book should be wellprepared and presented, and the inexperienced lawyer who uses this text willbecome aware of most of the things that the experienced trial lawyer considers inthe handling of a particular case.JOHN H. HALEY, JPtt Member of the St. Louis Bar.https://openscholarship.wustl.edu/law_lawreview/vol1955/iss1/15Washington University Open Scholarship

Review of “Trial Tactics and Methods,” By Robert E. Keeton

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Review of “Trial Tactics and Methods,” By Robert E. Keeton

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Washington University St. Louis: Open Scholarship