"ON TRIAL," A book written by attorney Henry G. Miller and published by ALM Publishing (a division of American Lawyer Media, Inc.), offers in particular the trial bar and law students the author’s observations and reflections on 40 years of litigation experience. His topics cover all major components of a trial, from jury selection to summation, with sidebars along the way for thoughts on judges, civility in the practice, and perhaps most importantly, survival in this stress-filled environment.

Miller manages to squeeze 12 chapters and a charming prologue, titled "Trying Your First Case?" into 172 pages! His goal, it appears, is to succinctly share his four decades of experience, and he succeeds admirably. The book is perceptive, humorous and devoid of the self-aggrandizement often found when legal gladiators discuss their past and present successes.

Although Miller is a well-known and very successful plaintiff’s attorney, "On Trial" is not geared solely towards such attorneys. His anecdotes and object lessons are plaintiff/defendant-neutral and applicable to either specialty.

In his prologue, Miller offers 19 "tiny tips" for a new lawyer’s first trial. He advocates using the fact that you’re a newcomer as an affirmative strategy: "Oh forgive me judge, I forgot to stand. It is my first trial." After several additional examples of this technique, he points out, however, that "it is considered bad form and against our union rules to use the line more than five times."

For New Hampshire practitioners in select counties who are for the first time experimenting with voir dire in jury selection in civil cases, the first chapter, titled "The Forty-Four Most Common Blunders Of Jury Selection," should be of particular interest. This subject is as important to first-year law students as to experienced practitioners dealing with jury selection. The discussion of settlement tactics and of the importance of the opening statement and how it is constructed are also applicable to attorneys of varying levels of experience.

Miller’s book is refreshing in what is deliberately omitted. It does not subject readers to a blow-by-blow account of Miller’s cases. It does not spend 25 pages examining in minute detail the application of the hearsay exception, nor does it suggest that only a few gifted attorneys, after many years of experience, can be successful advocates. Instead, it blends encouragement and humor for the frightened, nervous newcomer to the world of courtroom conflict with copious insightful gems for the most seasoned trial lawyer.

"I wrote these articles, always striving for brevity, for the young lawyer embarking on a career in the courtroom. I also wrote them for those at the peak of their prowess. Hopefully, there is something for them as well. And I also wrote for my fellow seasoned seniors, whose lives have been spent confronting demanding jurists, disagreeable witnesses, difficult jurors and dour clients. Perhaps my words will now and then bring a smile of recognition to their faces," writes Miller.

Miller’s final chapter explaining his "Sixteen Rules for Survival" brilliantly sums up the balance required between dedication to career and to one’s personal life, which is necessary for longevity as a trial attorney.

The law student and newcomer to the bar, in particular, might well keep this book close at hand as a very readable reference book filled with good advice. From the perspective of an aging trial lawyer, if a smile of recognition was an objective of this work, Miller has one more convert in his ledger book. "On Trial" points out that that there is a lesson to be learned every day, even after years in the courtroom, and that perfection, although sought, probably will never be achieved. So, Miller says, you’d better laugh along the way, even at your own expense – a sound prescription for anyone, regardless of occupation.

"On Trial" can be purchased at select bookstores, at www.lawcatalog.com, or at 1-800-537-2128, ext. 9300.

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