Persuasion: The Litigator's Art.

Persuasion: The Litigator's Art Michael E. Tigar American Bar Association 750 North Lake Shore Dr. Chicago, IL 60611 325 pp., $110

Michael Tigar's book Persuasion: The Litigator's Art is really three books in one. Three chapters offer examples of great legal arguments, from start to finish, from real cases. Several chapters offer in-depth descriptions of techniques used by Tigar in his practice. And the preface and a few other chapters are written in an inspirational tone that reminds lawyers of the importance of fulfilling their professional obligations. Overall, though, the book centers on persuasion during three litigation phases: opening statement, closing argument, and appellate argument.

Tigar, a professor of law at American University's Washington College of Law in Washington, D.C., most recently gained fame for his representation of Terry Lynn Nichols in the Oklahoma City bombing case. Besides Nichols, Tigar's clients have ranged from 1960s radicals Abbie Hoffman and the Chicago Seven to accused Nazi war criminal John Demjanjuk and U.S. Sen. Kay Bailey Hutchison.

Tigar is a Renaissance man, and his education and experiences come through in his writing. He has lectured in France on the death penalty and helped formulate constitutional issues in South Africa. As the book attests, he is equally comfortable quoting from the Bible or from a Fidel Castro speech--and more familiar with the large body of literature and experience in between than the average practitioner, myself included.

Although some of his more famous cases have been in criminal defense and the examples in the book come from criminal trials, Tigar has extensive civil practice experience. Not only does the book contain advice specifically directed to the civil practitioner, but most of his counsel applies equally in the civil or criminal context.

The book is dedicated to Tigar's mentor, Edward Bennett Williams, and three subchapters are essentially transcripts of Williams's arguments with a running commentary by Tigar. Chapter 3 contains Bennett's 40-page opening statement given in defense of former Secretary of the Treasury John Connolly. Chapter 5 houses Williams's 60-page closing argument from the same case, and Chapter 6 contains 38 pages of Williams's arguments before the U.S. Supreme Court from two related appeals.

I found reading the arguments twice helpful--once ignoring Tigar's interruptions and once immersing myself in his commentary. Tigar uses other rich examples throughout the book after thoroughly setting the context.

The author divides rhetoric into five parts: invention, arrangement, style, memory, and delivery. Early in the book, he explains how these five components of argument influence the content of lawyers' messages. He returns to these themes throughout, adding layers of understanding and meaning and sharing techniques for effectiveness.

Tigar's discussion also illuminates the debate on which argument style is the most effective with the modern juror. One camp gravitates toward an Old Man and the Sea philosophy, believing that only simple words and concepts should be used on the basis that argument cannot be effective if it is not understood. Another camp holds that mastery of the English language and our cultural heritage impresses jurors and lends credence to argument, although many advocates now believe this type of argument is ineffective and possibly damaging because it alienates the lawyer from the jurors.

Tigar, I think, comes down somewhere in the middle. He espouses a "simple and straightforward" style, yet many of his examples belie an impressive vocabulary and learnedness. His analogies come more often from Greek mythology than from the movies. At all times, however, he demonstrates a proficiency in great storytelling--engaging the listener by developing full characters and moving themes without surplus. Tigar emphasizes the importance of being comfortable with one's own style, and, undoubtedly, Tigar's style fits him like a glove.

The author discounts the use of modern technology in the courtroom. Many readers will disagree with his assessment that "mostly, it is nonsense." His point, though, is that too many lawyers have lost sight of the goal of lawyering--to persuade juries through rich storytelling, which can be accomplished with or without modern advances. Too often, Tigar implies, lawyers immerse themselves in the latest gadgets and spend too much time on the "slide show" rather than on the story.

Tigar's in-depth description of his case preparation technique reveals a lawyer adept in and accustomed to the latest technology, perhaps even more so than the average large-firm practitioner. He gains credence as someone who knows the rules and chooses not to follow them rather than sounding like an old dog unable to accept advancements.

Nuts-and-bolts lawyers should not be misled. While Tigar spends ample time fleshing out more intangible properties inherent in persuasion, he also gives a detailed description of how he prepares a case. Particularly insightful is his description of the arrangement of trial materials. He succinctly outlines what his law firm does in preparing a case for trial, including producing time lines, witness lists, and exhibits.

Some firms won't have the resources to implement Tigar's plan in every case, and other lawyers may prefer different procedures, but undoubtedly all lawyers will reap new, beneficial ideas from considering his methodologies. After reading one of his chapters, I felt as if I were returning from a two-year stint at another law firm across the country.

Michael Tigar's book has something for every litigator, and the text is rich in historical context and example. Like anything, though, his techniques require practice before they will be effective. He has the ability to stir the emotions of jurors, and he is equally adept at bringing to the surface emotions within lawyers to prod them to excellence. This book is complete in that it contains the right information to lead its readers to success in the courtroom.

Jonathan Wall, a former associate editor of TRIAL and the Law Reporter, practices law with Clark, Bloss & McIver in Greensboro, North Carolina.