Other Publications by Gary L. Stuart

Court Transcript: This is a court transcript memorializing the famous opening statement made by Henry Ashurst in a trial before Judge Walton in Winslow Arizona in 1908. It is a legal treasure. Read this publication

Legal Essay: This is a 1995 presentation made to the St. Thomas Moore Society at its annual convention in Phoenix Arizona. Read this publication

Legal Article: This short piece examines the natural conflict between “fiction” and “truth.” It compares that conflict with the lesser conflict between “facts” and “truth.” Just as sworn testimony is often divergent, truth is many-sided. Emerson said the greatest homage we can pay to truth is to use it. But truth, like a bird, is always poised for flight at the approach of an author. Read this publication

Lecture: “Do you solemnly swear to ask for the truth, the whole truth and nothing but the truth, so help you God?” Since no Oath-abiding judge would allow a witness to answer questions until she swore to tell the truth, why does the judiciary allow lawyers to ask “untruthful questions?” Read this publication

Lecture: We are an argumentative profession. Our instinct to argue about anything and everything is both genetic and cultural. One of our illustrious ancestors said: “Bluster, sputter, question, cavil; but be sure your argument is intricate enough to confound the court.” At the end of every case, we stand up, puff out, take deep breaths and hold forth, and so on and so on. We argue. Read this publication

Legal Article: This paper is intended to be a resource manual for lawyers whose duty is the assertion of the client’s privilege regarding confidential communications. Read this publication

Legal Essay: The old English custom of slipping money into the barrister’s robe was an acceptable method of compensating lawyers a century ago. Now, lawyers seem determined to dig the grave of the profession even deeper by the insistence on exorbitant hourly rates for fees whose only measurement is “by the hour.” Read this publication

Lecture: COACHING, SANDPAPERING & SMOOTHING–Trials are rarely won or lost on the law. Rather, it is the factual testimony that tips the balance one way or the other. Read this publication

Seminar: As we look to the conflicts of interest we will face in the 21st century, the teachings of 19th century still seem, at least to me, to be pertinent. Read this publication

Seminar Presentation: Defending the damages portion of a civil case is not simply the “other issue” in the case. More often than not, it is the issue in the case. Read this publication

Judicial Conference: I claim no special ability to lecture judges on how or when to exercise the kind of restraint or forcefulness needed to maintain order in court. I have no real experience in making the critical and immediate decisions necessary for decorum in the tribunal. I am not a judge. I claim only the experience of occasionally observing advocates and judges harm one another by injudicious or disrespectful remarks and actions. Read this publication

Presentation: In March of 1963, a Phoenix police detective arrested a young, poor, and uneducated Hispanic man in connection with a series of sexual assaults. Within a few hours the man had willingly confessed to the crimes. His subsequent trials and convictions on two of the charges were swift and certain, and it seemed that, like so many others before it, the case would end there. But there is, of course, more to this story. Read this publication

Presentation: Lawyers write, so to speak. Contrary to conventional wisdom, lawyers are not mouthpieces. Most of what we do results in a writing of one sort or another. Read this publication

Essay: There are ten ways to deal with difficult people. Half of them don’t work. The other half work only half the time. There is only one way that always works, but you have to die first. So, here are five rules that work half the time. Read this publication

Short Memoir: Many third-year law students express understandable frustration with “leaning the law” and advocate a need to “learn to be a lawyer.” Some wonder why real life experiences get little credit in law school, and why the faculty harps on learning and reciting the nuance of the law. Read this publication

Article: This law review article reflects on the destructive tactics by some lawyers in a deposition setting. Are you one of America’s “Rambo Litigators?” Read this publication

This Lexis.Nexis Exchange article is about hackers, crackers, spoofers and sniffers. The electronic age has brought with it new names for people who casually or intentionally pry into the electronic affairs of others. Read this publication

Law School Lecture Series—The Ethics of Direct and Cross Examination. Cases are won as consequence of direct examination. Juries believe what they hear on direct, suspect what they hear on cross and often ignore statements and arguments. Read this publication

Law School Lecture Series—The Ethics of Opening Statements and Closing Arguments. The trial lawyer’s challenge is to present the client’s case with persuasive force. That force is often softened and occasionally controlled by the Ethical Rules. Read this publication

Trial College Lectures—Trial Advocacy. Unlike physicians, politicians or government employees, ethical conduct by a trial lawyer is not simply a matter of personal opinion. The court of last resort sets the underlying principles upon which a trial lawyer’s conduct is judged. Read this publication

Seminar Booklet—Creative Writing For Lawyers. Lawyers write, so to speak. Most of what we do results in a writing of one sort or another. In addition to legal correctness, our writing should also pass literary muster. Read this publication

Essay: These “lawyer-training-rules” are a spoof. They won’t work. I wrote this 25-page manual to relieve the unbearable dreariness of answering interrogatories in the dullest lawsuit I ever had. If you have an educable lawyer, then this training manual might amuse you. Read this publication

Syllabus: Appellate Advocacy. This is an eight-class skills course. It is not a course on appellate law or procedure, and will not include writing or researching appellate briefs. We will focus on the techniques and dynamics of appellate advocacy, with special emphasis on oral argument. Read this publication

Syllabus: Pre-trial Practice. Pre-trial practice is best learned by actual performances. The bulk of this course will be devoted to the planning and execution all the things necessary to get a law suit from case acquisition to trial. Read this publication

Syllabus: Professional Responsibility & Ethics. There are two ways to teach “Professional Responsibility.” One is by teaching the rules and standards lawyers live by every day. The other is to teach the theory of ethical practice. This course will be grounded in the Arizona Rules of Professional Conduct as written by the Arizona Supreme Court. If theory helps explain a rule or standard, we will cover it in class. Read this publication

Syllabus: Creative Legal Writing. Novelists have a lot to teach lawyers about writing. Emotional vibrancy hallmarks the best fiction. Too often, good lawyers strive only for cogency, clarity, and comprehensiveness in their writings. In this class, we will add the compelling qualities of fiction to legal writing, without sacrificing truth. Read this publication