The Art of Conflict: Tales from the Courtroom

by Michael A. Kahn, Alan C. Kohn

Overview

The Art of Conflict pairs each of five previously published articles on practical lawyering advice by an esteemed trial attorney with a fictional short story by an award-winning author-attorney on the same theme as that article. The essays, on topics such as cross-examination, provide keen insight into the practical side of the law. The short stories add genuine drama and some humor to the difficult practical lawyering issues all attorneys must fact. What exactly are the magical powers of the courtroom clerks--especially as compared to the black-robed figure wielding the gavel. Is the term "ethical trial lawyer" an oxymoron? When it comes to a winning courtroom strategy, is there more than one way to skin that cat? And what about that dreaded term "judicial activism"? What happens in the courtroom when judicial activism spring to life? For fans of legal thrillers, this book offers a unique and compelling mixture of fiction and reality.

Product Details

ISBN-13:	9781543950632
Publisher:	BookBaby
Publication date:	12/10/2018
Sold by:	Barnes & Noble
Format:	eBook
Pages:	218
Sales rank:	760,628
File size:	513 KB

About the Author

A former United States Supreme Court law clerk, Alan is a trial lawyer specializing in business litigation. Commencing his career with the defense of court-martial cases while in the Army Security Agency and continuing to the present day, Alan has tried over 100 cases and more than 80 appeals.Alan's trial expertise extends to jury and non-jury cases in federal and state courts and has included representing clients in antitrust, securities, contract and domestic relation disputes, as well as class action, RICO and legal and accounting malpractice defense.Alan has also tried major commercial arbitration cases and has served as a neutral arbitrator, a party-appointed arbitrator and a mediator in business disputes. He served as a court-appointed settlement master and successfully mediated a settlement of 380 dioxin cases filed in the Circuit Court of the City of St. Louis.A Fellow of the American College of Trial Lawyers and the American Bar Foundation, he has received "best lawyer" recognitions from various local and national organizations, including a Lifetime Achieved Award in the Law from Who's Who in America (Marquis).

Table of Contents

Introduction 1

Section 1 The Magical Powers of the Courtroom Clerks 5

a Cook County Redemption Michael A. Kahn 7

b Supreme Court Law Clerk, 1957-58: A Reminiscence Alan C. Kohn 38

Section 2 The Ethical Litigator; An Oxymoron? 59

a Strange Bedfellows Michael A. Kahn 60

b Opinion: Playing According to the Rules Alan C. Kohn 88

Section 3 How to Win a Case-or Is There More than One Way to Skin a Cat? 93

a The Bread of Affliction Michael A. Kahn 95

b It's Time to Try Your Case Alan C. Kohn 128

Section 4 The Art of Cross-Examination 135

a Truth In a Plain Brown Wrapper Michael A. Kahn 138

b The Gentle Art of Cross Examination Alan C. Kohn 171

Section 5 Judicial Activism: Mythical or Maniacal or Both? 183

a Excerpt from The Flinch Factor (Poisoned Pen Press 2013) 185

b A Legal Essay: The Judicial Activism Myth Alan C. Kohn 194

About The Authors 209