Pretrial Advocacy

Planning, Analysis, and Strategy

 Fifth Edition

 Marilyn J. Berger, John B. Mitchell, and Ronald H. Clark
All of Seattle University School of Law

PRETRIAL ADVOCACY: Planning, Analysis, and Strategy, Fifth Edition reflects the way criminal and civil pretrial advocacy is successfully practiced in federal and state litigation. The distinguished author team offers both a conceptual and practical foundation for today’s pretrial advocates. Checklists of skills, techniques, standards and ethics appear in each chapter. 79 assignments are designed for student role-play performances.


  • Chapters covering all pretrial activities from forging an attorney-client relationship to drafting and arguing pretrial motions
  • Comprehensive text for an introduction to law practice skills course
  • Professional responsibility emphasized throughout the text
  • Case files for civil wrongful death and criminal homicide cases
  • Seventy-nine assignments for student role-play skills performances, such as drafting pleadings and taking a deposition.
  • Checklists of skills, techniques, standard and ethics in each chapter
  • Videos and supplementary material available on this website
  • For Professors and CLE instructors, this pass-word protected website includes a Teacher’s Manual Guide and Actor’s Guide for witnesses

Thoroughly updated throughout, the Fifth Edition now includes:  

  • Streaming videos on this website including: how to take and defend a deposition: using a deposition at trial; crime scene visit; computer animations; ADR documentary and more.
  • Supplementary material on this companion website, including: exemplary documents (such as fee agreements, a spoliation letter) and articles on pretrial topics along with case files and performance assignments
  • Cultural competency for working effectively in cross-cultural situations during pretrial preparation and litigation
  • Strategies for working collaboratively and resolving conflicts
  • Demand letters and mediation briefs
  • Revamped and enhanced pleadings chapter, including examples of cutting-edge complaints and answers
  • Rules changes are incorporated into this 5th Edition, including recently amended Federal Rules of Civil Procedure and Federal Rules of Evidence

To print or download ANY of the materials included, use your access code on this page.

To acquire an access code, you need to have purchased the book. Students, please contact your professor to obtain an access code.

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