surprises || front matter
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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 .
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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
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