Book on the Litigation Process

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devilblue
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Book on the Litigation Process

Postby devilblue » Wed Jul 12, 2017 4:14 pm

Are there any non-case books that are relatively easy reads about the litigation process, from complaint through trial, including discovery, responsive pleadings, etc etc etc with just like... tips and big picture considerations at each stage? Something to help a SA or junior associate get the lay of the land.

A great example is I am a 1L SA and had no idea that protective orders are basically always entered as requested, so they had me draft a motion opposing protective order cause we wanted to be able to give info to criminal authorities and I thought it was pretty damn good and they said so too and then came back order entered as requested. Well then they told me that we weren't going to win anyway. Knowing stuff like that helps. Anything?

cavalier1138
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Re: Book on the Litigation Process

Postby cavalier1138 » Wed Jul 12, 2017 4:16 pm

I mean, there are the treatises, but those aren't exactly "easy reads". This seems more like stuff that you're going to pick up through practice, not through any manual. If there were a manual, junior associates wouldn't need very much supervision.

acr
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Re: Book on the Litigation Process

Postby acr » Wed Jul 12, 2017 4:18 pm

Damn, your writing is difficult to follow. I'll echo what the previous poster said; this seems like the kind of stuff you'll learn as you go.

devilblue
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Re: Book on the Litigation Process

Postby devilblue » Wed Jul 12, 2017 4:21 pm

acr wrote:Damn, your writing is difficult to follow. I'll echo what the previous poster said; this seems like the kind of stuff you'll learn as you go.


Sorry I am actually on my phone in the car just rambling. I know this is stuff one would pick up as they go but if there is a faster way.........

lolwat
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Re: Book on the Litigation Process

Postby lolwat » Wed Jul 12, 2017 4:27 pm

Well, your example is something you'll have to pick up through practice. Sometimes it even depends on individual judges.

There aren't going to be any easy reads though. If you're in California there's the Rutter Guide Civil Litigation Before Trial or whatever the name is, which is amazing but way too long to just read. You'd refer to it a lot in practice though. I'm sure similar treatises exist for any other major jurisdiction, just don't know the names.

BTW you'll often get told to draft something when there's practically no chance (can't say totally zero chance) of winning it anyway. Just how life works as a litigator. If it's not a partner/senior associate coming up with some BS to file it's the client. In either case you as a SA or junior associate are screwed.

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mjb447
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Re: Book on the Litigation Process

Postby mjb447 » Wed Jul 12, 2017 4:42 pm

Yeah, w/r/t your example I think most protective orders are signed off on as written in part because they tend to be entered on stipulation and the judge's role is relatively limited. I'm not sure you should take from this experience the general lesson that almost all judges will sign off on an opposed protective order. It's going to vary a lot by court, judge, and case.

Anyway, like others are saying, I doubt there's much overlap in the Venn diagram of "easy reads" and treatises that get into the details of filing and opposing a request for a protective order.

(+1 to Rutter Guide for Cal. Practice also)

devilblue
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Re: Book on the Litigation Process

Postby devilblue » Wed Jul 12, 2017 4:48 pm

Thanks very much for the info,all!

criminaltheory
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Re: Book on the Litigation Process

Postby criminaltheory » Wed Jul 12, 2017 5:41 pm

I found McElhaney's Litigation & McElhaney's Trial Notebook to be easy and relatively enjoyable reads. They're a collection of articles that talk about various stages of the lit/trial process. Not practice manuals, but more than anecdotes/war stories.

There's no single source for figuring the process out. Everything is just pieced together. If you really want, read the local bar journals and their practice articles.

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rpupkin
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Re: Book on the Litigation Process

Postby rpupkin » Wed Jul 12, 2017 6:14 pm

devilblue wrote:Are there any non-case books that are relatively easy reads about the litigation process, from complaint through trial, including discovery, responsive pleadings, etc etc etc with just like... tips and big picture considerations at each stage? Something to help a SA or junior associate get the lay of the land.

If you're in federal court, read the federal rules of civil procedure. I know you already read them in civ pro as a 1L, but it's astonishing how much more sense they make after you've been at a firm for a few weeks.

Read the local rules of the district you're in.

Read the standing orders of the judge you've got for a particular case.

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HenryHankPalmer
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Re: Book on the Litigation Process

Postby HenryHankPalmer » Tue Jul 18, 2017 2:36 pm

A Civil Action is a pretty good overview of the life of a personal injury claim in federal court. It is also pretty compelling reading. I am not sure if this is exactly what you are looking for.




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