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13 Experience 38 (2002-2003)
Book Reviews

handle is hein.journals/experien13 and id is 144 raw text is: BOOKS REVIEW On Trial: Lessons From a Lifetime in the Courtroom On Trial: Lessons From a Lifetime in the Courtroom By Henry G. Miller ALM Publishing 165 pages, $24.95 www.lawcatalog.com his book is a jewel from beginning to end. It contains a treasure trove of professional tips for practicing trial lawyers, but it is also a literary work that can be read and enjoyed by a larger audi- ence. Many of the suggestions discussed in a trial context have broader application in assessing and addressing human behav- ior encountered in nontrial situations. Drawing on more than 40 years of trial experience (winning most, but also learn- ing while losing), Henry G. Miller, a past president of the New York State Bar Association, has created a unique com- pendium of sage advice, lessons, rules, and guidance for litigators and others. His work exhibits perceptive human insights and astute observations as he offers sim- ple and sound tactical trial advice. Starting with the Acknowledgments, Miller, a senior member of the firm Clark, Gagliardi & Miller P.C. in White Plains, previews the feast of wit, wisdom, and charm that the reader is about to experi- ence. Unabashedly, he confesses: I have borrowed, cited, and stolen so much from other trial lawyers that I'm reminded of the old quip: plagiarism among lawyers is called research. This most enjoyable gem is filled with gifted literary style, practical learning, and humor. In 12 relatively short chapters (the entire book is 165 pages), the author provides concise, commonsense counsel covering a broad range of trial topics. In easily under- stood, nontechnical language, the reader is instructed in the following subjects: jury selection, opening statements, direct and cross-examination, summation, settlement, expert witnesses, and dealing with diffi- cult judges and opposing lawyers. The end result is a tutorial triumph. As an introduction to each chapter, Miller effectively presents selected proverbs, quotations, or sayings that suc- cinctly synthesize a simple message that relates to the subject to be discussed. For example, in chapter 2, entitled Opening-The Twenty-Seven Steps, we find this quotation from Plato: The begin- ning is half of the whole. And chapter 9, Living with Defeat, begins with this pre- scient quotation from Montaigne: There are defeats more triumphant than victo- ries. In chapter 10, Courage, or Trying a Case When the Judge and Jury Hate You, an impressive imperative from Benjamin Cardozo commands our attention: The timorous may stay home. Throughout this work, the author identi- fies fictional persons encountered in true-life trial situations by judicious use of memo- rable names. For example, in chapter 8, Nine Secrets for Dealing with Judges, Mr. Mviller explains how trial lawyers might behave when confronted with judges who could conceivably exhibit a fixed attitude in certain situations. There we find an intrigu- ing collection of ploys and prescriptions: Enlighten Judge Dimness, Anticipate Judge Swift, Stiffen Judge Lax, Excite Judge Listless, Challenge Judge Slant, Palermo is of counsel to Woods Oviatt Gilman LLP in Rochester, New York, and a past president of the NYSBA. He is a Council Member of the Senior Lawyers Division and Chair of its Planning for Retirement and New Careers Committee. This book review originally appeared in the May 2002 issue of Journal. SPRING 2003/EXPERIENCE

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