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Front Matter Source: Litigation, Vol. 17, No. 1, SURPRISES (Fall 1990) Published by: American Bar Association Stable URL: http://www.jstor.org/stable/29759426 . Accessed: 14/06/2014 08:20 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to Litigation. http://www.jstor.org This content downloaded from 195.78.109.175 on Sat, 14 Jun 2014 08:20:34 AM All use subject to JSTOR Terms and Conditions

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Front MatterSource: Litigation, Vol. 17, No. 1, SURPRISES (Fall 1990)Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/29759426 .

Accessed: 14/06/2014 08:20

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

American Bar Association is collaborating with JSTOR to digitize, preserve and extend access to Litigation.

http://www.jstor.org

This content downloaded from 195.78.109.175 on Sat, 14 Jun 2014 08:20:34 AMAll use subject to JSTOR Terms and Conditions

The Journal Of The Section Of Litigation American Bar Association

Vol. 17 No.1I Fall 1990

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Table of Contents Litigation Fall 1990 Volume 17 Number 1

Opening Statement: Beyond the Bottom Line 1 Paul J. Bschorr

From the Bench: Reality on Appeal 3 James L. Robertson

SURPRISES

Lawyer in the Jury Room 8 John B. Williams

Blind Cross-examination 12 David H. Berg

Tripping at the Threshold 17 Jean Maclean Snyder

Negotiating the New Sentencing Guidelines 22 Carol A. Brook

How to Avoid Being Blindsided at Trial 27 Michael L. McCluggage

Settling Once and for All 31 Mark A. Neubauer

The Hidden Penalties of Conviction 34 Elkan Abramowitz

Removal: Making a Federal Case Out of It 38 Deborah J. Fritsche

Legal Lore: Rosemary's Daddy 43 Milton S. Gould

Trial Notebook: The Perry Mason Trap 49 James W. McElhaney

Advance Sheet 51 Michael B. Reuben

Literary Trials: Paris Trout 64 Pete Dexter

The cover illustration for this issue is by W.B. Park.

His studio is Park-Art, 110 Park Avenue South, Winter Park, Florida 32789. Interior illustrations are courtesy of The Newberry Library, Chicago, and other sources.

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Surprises Where would we be without surprises? True, the Federal Rules of Civil Procedure, as well as state rules, are intended to minimize surprises in litigation. But for all its rules, litigation is a human endeavor, and we have not yet man?

aged to bind human imagination with rules or formulas. This issue is about litigation surprises: the witness you

didn't know existed. The testimony that confounds you. The guilty plea that estops you. Your objection that turns

against you. Surprises if you don't do your homework?

or even, perhaps, if the courts won't do theirs. And the

surprise of a lawyer-turned-juror at his own behavior under group pressure. It is about ways to create surprises, duck them, turn them against your opponent, and grow from them.

Litigation surprises can catapult us to dizzy triumph or slam us to gasping defeat. Whether they're coming at or from us, they transport us to the realm of the unexpected, where creative advocacy reigns.

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7 Litigation Fall 1990 M Volume 17 Number 1

This content downloaded from 195.78.109.175 on Sat, 14 Jun 2014 08:20:34 AMAll use subject to JSTOR Terms and Conditions