Scott Baldwin on Jury Arguments.

Scott Baldwin and Francis H. Hare Jr. Wiley Law Publications 7222 Commerce Center Dr., Suite 240 Colorado Springs, CO 80919 350 pp., $145

Reviewed by Noelle C. Nelson

A better title for Scott Baldwin on Jury Arguments would be Scott Baldwin's Jury Arguments. Most of the book is an almost verbatim rendering of many of Baldwin's opening statements and closing arguments in trials covering several areas of law.

This in no way detracts from the value of the book. Reading the work of a master is always beneficial, and Scott Baldwin, a former ATLA president who practices law in Marshall, Texas, is truly a master of jury arguments.

In the opening chapter, he discusses the elements he considers key to a winning jury argument:

* the setting, which should be solemn and conducive to a "one-on-one" approach;

* the appeal, which should be based heavily on logic and reason;

* the audience, which should consist of "won jurors," who can persuade the "not-yet-on-your-side jurors" to the lawyer's point of view; and

* the preparation, which should involve building and organizing a "reservoir of information" the lawyer can draw on when composing arguments.

In the first chapter, Baldwin also outlines how to present opening remarks, using applicable law, anticipating defenses, and focusing on liability and damages. He touches briefly on appropriate tone of delivery, stressing that lawyers must find a style that comes naturally to them.

The next 10 chapters are examples of Baldwin's jury arguments, and each is preceded by a brief commentary on the strategy he used in making them. The arguments are the book's greatest strength and its greatest weakness. The arguments are masterpieces of persuasion, and any trial lawyer can learn a great deal by reading and studying them. But Baldwin does not explain why he uses the techniques he does in making each argument. This would have better illustrated his methodology and helped readers understand how to apply it to their own cases.

Although Baldwin speaks at length in the opening chapter of the need for reason and logic in jury arguments, his arguments have powerful emotional appeal. For example, in describing one client's pain and suffering, Baldwin says to one jury, "He lived through several long seconds of doom. He went through an almost mystical experience....Here time stops."

Arguments like this one contradict Baldwin's statement that emotion is best left out of jury arguments and argue instead, by powerful example, for its inclusion.

Francis H. ("Brother") Hare Jr. wrote the essay that is the final chapter. It includes his thoughts on jury persuasion and provides sample arguments. Although written in 1963, this chapter is still timely.

There's nothing quite like reading the work of a master. I was delighted and amazed by it. Baldwin's ability to tell a tale compellingly is awe-inspiring. This book offers a wealth of ideas for any plaintiff lawyer truly dedicated to the art of crafting winning openings and closings.