What do you think?
Rate this book
Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time
Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969.
In Win Your Case , Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself.
Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument.
To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument.
Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
In Win Your Case , Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself.
Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument.
To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument.
Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.
304 pages, Hardcover
First published June 1, 2005
About the author
Gerry Spence
40 books55 followersGerry Spence is a trial lawyer in the United States. In 2008, he announced he would retire, at age 79, at the end of the Geoffrey Fieger trial in Detroit, MI. Spence did not lose a criminal case in the over 50 years he practiced law. He started his career as a prosecutor and later became a successful defense attorney for the insurance industry. Years later, Spence said he "saw the light" and became committed to representing people, instead of corporations, insurance companies, banks, or "big business."
Ratings & Reviews
Friends & Following
Create a free account to discover what your friends think of this book!
Community Reviews
Displaying 1 - 30 of 38 reviews
May 4, 2016
Big Idea: Tell Stories in the Present Tense; Charisma is the Transfer of Our Passion to Those With Whom We Communicate
- Use descriptive language
- We build walls to protect us from the fear of experiencing the self, and the pains of various childhood injury.
- Inside these walls, most of us become conglomerations of habit - habitual thoughts and feelings, same old predictable thought-feeling responses and attitudes
- The risk of putting up walls is that one may never escape from those walls at all
- The discovery of self is a lifetime adventure
- Credibility is the key to winning your argument, but to be credible one must first be honest with the self.
- We all experience emotions whether we acknowledge them or not. We can't be credible without being honest about our emotions.
- Big words are used to hide incompetence.
- Spontaneity is the key that unlocks the door of the listener, because that which is spontaneous is honest and is heard as honest.
- Listen not only to what is said, but to what is left unsaid. Often, what we say is akin to the tip of an iceberg - more of it floats under the water than above.
- Never intentionally frighten your opponent. Keeping their fear to a minimum will make it easier to defeat him.
- Acknowledging our fear helps to weaken it.
- Anger is a secondary emotion to hurt and pain.
- Emotions are mirrored. When attacked with anger, the best response is "You must be hurt. How did I hurt you?"
- Caring is contagious. But one cannot long falsely pretend caring.
- Use verbs when telling a story to provide power and action.
- Everything in life is a story.
- "What if, after having filled the book with pages of our story, there is written but two words: 'so what?'"
- The Wall Street Journal and the New York Times often begin a feature with the story of an individual caught up on it.
- Avoid desks and other psychological barriers between yourself and those you meet with.
- The recipients of a story need to be brought into 'the present' (the now) of the story.
- Can you tell your story in a short paragraph? If not, you haven't discovered the story yet.
- Find the theme.
- Take the time to role-play from the perspective of the power-person.
- Show them your honest soul and they might show you theirs.
- 85% of jurors make up their minds by the end of the closing statements.
- Credibility is the most important attribute of any salesperson. Nothing is more painful and detested than the cheating heart.
- Don't say anything you can't prove.
- "If there is a set of facts that is hurtful and embarrassing to my case, I hasten to present it in my opening. From the standpoint of a sale, nothing is more trust building than a salesman who will tell us about the weakness of his product."
- Frame control requires not answering questions that shift from the thread of the story.
- Charisma is the transfer of the passion we feel to those with whom we communicate.
- Use descriptive language
- We build walls to protect us from the fear of experiencing the self, and the pains of various childhood injury.
- Inside these walls, most of us become conglomerations of habit - habitual thoughts and feelings, same old predictable thought-feeling responses and attitudes
- The risk of putting up walls is that one may never escape from those walls at all
- The discovery of self is a lifetime adventure
- Credibility is the key to winning your argument, but to be credible one must first be honest with the self.
- We all experience emotions whether we acknowledge them or not. We can't be credible without being honest about our emotions.
- Big words are used to hide incompetence.
- Spontaneity is the key that unlocks the door of the listener, because that which is spontaneous is honest and is heard as honest.
- Listen not only to what is said, but to what is left unsaid. Often, what we say is akin to the tip of an iceberg - more of it floats under the water than above.
- Never intentionally frighten your opponent. Keeping their fear to a minimum will make it easier to defeat him.
- Acknowledging our fear helps to weaken it.
- Anger is a secondary emotion to hurt and pain.
- Emotions are mirrored. When attacked with anger, the best response is "You must be hurt. How did I hurt you?"
- Caring is contagious. But one cannot long falsely pretend caring.
- Use verbs when telling a story to provide power and action.
- Everything in life is a story.
- "What if, after having filled the book with pages of our story, there is written but two words: 'so what?'"
- The Wall Street Journal and the New York Times often begin a feature with the story of an individual caught up on it.
- Avoid desks and other psychological barriers between yourself and those you meet with.
- The recipients of a story need to be brought into 'the present' (the now) of the story.
- Can you tell your story in a short paragraph? If not, you haven't discovered the story yet.
- Find the theme.
- Take the time to role-play from the perspective of the power-person.
- Show them your honest soul and they might show you theirs.
- 85% of jurors make up their minds by the end of the closing statements.
- Credibility is the most important attribute of any salesperson. Nothing is more painful and detested than the cheating heart.
- Don't say anything you can't prove.
- "If there is a set of facts that is hurtful and embarrassing to my case, I hasten to present it in my opening. From the standpoint of a sale, nothing is more trust building than a salesman who will tell us about the weakness of his product."
- Frame control requires not answering questions that shift from the thread of the story.
- Charisma is the transfer of the passion we feel to those with whom we communicate.
March 30, 2021
I read this when first published and remember I really liked it. I became of aware of Spence during the OJ Trial (1994); when he would often comment on cable news (CNN). His formula is one I followed in writing a fictional trial of George W. Bush in my first novel, 'Attachment'. Now, watching the current Floyd murder trial live on YouTube I am reminded of the book. The defense attorneys are following Spence's formula precisely. They're very good.
In general, criminal defense lawyers tend to be smarter, more skilled, than prosecutors. This case is very interesting because the defendant is law enforcement. Moreover the victim is a criminal.
In the OJ trial, the victims were 'good people' - innocents. The accused, though, was a celebrity and 'hero' to many. The evidence was overwhelming to convict. But, the defense attorneys won the case.
That trial, like this one, has a huge racial subtext. However, now! there is social media and the stakes seem to be higher. In addition, no matter who wins? there is bound to be outrage.
Maybe, like before, 'justice' will be split - the victims' families receiving huge financial settlements and the defendant set free?
In general, criminal defense lawyers tend to be smarter, more skilled, than prosecutors. This case is very interesting because the defendant is law enforcement. Moreover the victim is a criminal.
In the OJ trial, the victims were 'good people' - innocents. The accused, though, was a celebrity and 'hero' to many. The evidence was overwhelming to convict. But, the defense attorneys won the case.
That trial, like this one, has a huge racial subtext. However, now! there is social media and the stakes seem to be higher. In addition, no matter who wins? there is bound to be outrage.
Maybe, like before, 'justice' will be split - the victims' families receiving huge financial settlements and the defendant set free?
December 9, 2007
Although this book is marketed as a book on public speaking and persuasion, it is more about how to connect with other human beings on a basic level and how to manipulate them emotionally. The author clearly understands how to do this, as he demonstrates it in the multiple stories he tells. The book is very entertaining, and it is a good book to open your eyes to a certain way of seeing things, but it is not very educational on the whole.
August 7, 2014
Have read it three times now in as many years. Each with slightly different ends in mind and wildly different mindsets. Probably worth a few more reads as there is much packed into this gem and even more between and under the lines that I didn't notice on the first two reads, but definitely started to make some inferences I hadn't earlier and to grasp some things that probably would have escaped me had I NOT read it the third time.
August 4, 2014
A useful book.
A useful book.
I found it inspirational and useful. a good book to read for young and old lawyers alike. not to useful for today's corporate culture though.
A useful book.
I found it inspirational and useful. a good book to read for young and old lawyers alike. not to useful for today's corporate culture though.
April 9, 2008
The best book on trial techniques ever written
July 17, 2010
A lot of good stories, advice, and tricks from one of the the winningest attorneys in US history. Entertaining and definitely informative.
October 12, 2020
I really liked the first half of this book. Gerry Spence provides solid advice on ‘preparing to win’ which really takes the form of life lessons on listening intently, dealing with emotions, channeling anger for better purposes and generally being an authentic person. All of which can prepare one for success in the courtroom, but can also benefit a person heading into the boardroom, the boss’s office or the city council meeting. The second half of the book focusses more on actual defence tactics ranging from jury selection and preparing an opening statement to cross examination and delivering closing arguments. Although tidbits of wisdom can be gleaned from this very interesting information, for the average person dealing with everyday life situations, the precision required and described for these courtroom dramas may be a little too specific to make proper use of. Very well written nonetheless.
September 20, 2022
If I ever end up being a lawyer, for whatever reason, this is definitely a book that I would have to reread. Well, I guess that would be under the assumption that I end up a criminal trial lawyer or a lawyer that is fighting against big corporations for the little guy. Whatever the case may be, the book was a very beneficial book. This book offered a great insight into the mind of a trial lawyer because I am sure a lot of us have always wanted to know what goes on in their minds. I cannot really comment further on this book as to how practical the lessons are because I have never been in a position to actually implement the lessons in this book. I can say though that the book was well-written and Gerry Spence is an excellent story teller. I did not give this book five stars because in some areas it seems that he dragged on more than was necessary. Maybe that is just something I faced.
March 6, 2013
I had to read this for my Rhetoric of the Law class, and was mildly surprised how Spence chose to present this book to his audience. First, his examples are sketchy. Most of the time I felt he was making up concrete stories in this book. Second, Spence is somewhat stuck in the dark ages. Instances of ridiculous claims (like comparing being robbed to rape--NO) pop up everywhere, while his methods could definitely be seen as manipulative and unethical in some cases.
However, he's effective. He wins cases. If only he'd shown me more of his actual rhetoric during his trials (such as the Randy Weaver/Ruby Ridge trial, where he performed excellently), I might have been more convinced that his advice was desirable.
However, he's effective. He wins cases. If only he'd shown me more of his actual rhetoric during his trials (such as the Randy Weaver/Ruby Ridge trial, where he performed excellently), I might have been more convinced that his advice was desirable.
January 21, 2011
Spence basically explains the principals trial lawyers learn at his Trial Lawyers College without obtaining the most important variable which is actually going through the psychodrama experience and training for four days and then learning to apply that to actual trial situations: voir dire, opening statement, direct examination, cross-examination, closing argument. It's harder than one thinks. Spence is the master. I've never seen anyone smoother or as good.
Read
August 4, 2011I picked up this book because I thought it'd have some good negotiating tips although it's very much meant for trail lawyers. I picked up a couple of things but really it's meant for lawyers, not for businessmen so I can't recommend it unless you're a lawyer. If you are a lawyer, it can be summed up to let your emotions into the courtroom and show them to get the jury to like you and trust you... I should've stopped reading this halfway through but apparently I'm too stubborn.
July 20, 2013
I read this halfway through but lost interest as he harps on the same exact thing again and again. Perhaps this will be a more useful and interesting read if I am confronted with a trial but for now, I have had enough of Mr. Spence preaching about getting in touch with my emotions and telling jurors a good story.
December 17, 2018
How to book for lawyers. Probably my mistake for not doing enough researching before purchasing. But nonetheless good to read up on different fields. He condones lying. Effective skill set to keep in the back of your mind. Excellent examples he breaks it down. But 3/5 because I let my self be misled.
May 23, 2021
Great information and examples but reads like poetry
The book had great information that I wanted to learn, but wow the author goes on and on. He wasn't able to state exactly his point but would use symbolism and stories to do that. It was very dramatic like reading some kind of poetry.
The book had great information that I wanted to learn, but wow the author goes on and on. He wasn't able to state exactly his point but would use symbolism and stories to do that. It was very dramatic like reading some kind of poetry.
January 13, 2021
Gerry Spence talks about confidence, and the ability to be able to be realistic with our time here. He delves into the abyss of how he has never lost a case but is honest about why his record is doesn't have a number on the right side. Very influential for being your best self.
September 13, 2011
Ironically, less than compelling -- but still somewhat insightful.
August 21, 2016
Great book. I would say this is a starting point of trial knowledge. It mostly focuses on persuasive emotional communications of the jury, and little of other aspects of trial.
September 23, 2015
Gives a few insights into criminal law . The case study of the accident that causes a child's death in the last chapters is disturbing . Overall , I couldn't find much to takeaway from this book
April 5, 2017
Excellent: be genuine, be honest, be nice, be prepared: be human.
Just so warm and instructive.
Just so warm and instructive.
July 16, 2018
Although the book contains some good observations, it is very long winded and the same content gets stretched over pages and pages...
August 7, 2019
Want to rate this as 4.5 stars.
It is very good and a lot of the information can be used in "real life" but at times the author goes into a deep dive of being a lawyer.
It is very good and a lot of the information can be used in "real life" but at times the author goes into a deep dive of being a lawyer.
July 10, 2020
review forthcoming
March 30, 2021
Nice take on persuasion from a lawyer’s perspective.
September 10, 2021
Part of my endless "learning all the techniques they should teach in law school" project.
July 21, 2020
Win Your Case by Gerry Spence - ⭐️⭐️
.
.
Do you have a book that has been on your shelf for years? Picked it up several times and thought, “ehhh not right now.” For whatever reason that was this book for me. I’ve had it for probably a decade and across 3 moves which explains why the cover is thrashed.
.
.
Sadly, this book after all that time still didn’t find me in the right mood and the reason for the 2 ⭐️ rating. I found it overwritten and not relevant outside of a courtroom.
.
.
Gerry does make decent points but if you want a book on sales read #NeverSplitTheDifference. This is a book more driven by Gerry’s philosophy and tropes rather than a practical guide to persuasion.
.
.
If you’re still interested, pick up the abridged audio book. It’s 5 hours and effectively covers what is needed from the book.
.
.
Do you have a book that has been on your shelf for years? Picked it up several times and thought, “ehhh not right now.” For whatever reason that was this book for me. I’ve had it for probably a decade and across 3 moves which explains why the cover is thrashed.
.
.
Sadly, this book after all that time still didn’t find me in the right mood and the reason for the 2 ⭐️ rating. I found it overwritten and not relevant outside of a courtroom.
.
.
Gerry does make decent points but if you want a book on sales read #NeverSplitTheDifference. This is a book more driven by Gerry’s philosophy and tropes rather than a practical guide to persuasion.
.
.
If you’re still interested, pick up the abridged audio book. It’s 5 hours and effectively covers what is needed from the book.
January 4, 2024
Really good litigation tips but the first bit of the book is literally just a rant and an ad for trial lawyers college—if you’re listening to the audiobook to literally get trial strategies, just fast forward through the first thirty minutes. You won’t be missing anything.
I��d heard of the active listening strategy before for preparing a witness for testimony but never heard it explained the way Gerry did in this book and it makes total sense. His step by step explanation with key examples sounds a bit tedious but is quite effective and I appreciated the extreme detail.
This book is also good for people preparing for board meetings or other strenuous negotiations.
“One cannot be brave without fear.”
I��d heard of the active listening strategy before for preparing a witness for testimony but never heard it explained the way Gerry did in this book and it makes total sense. His step by step explanation with key examples sounds a bit tedious but is quite effective and I appreciated the extreme detail.
This book is also good for people preparing for board meetings or other strenuous negotiations.
“One cannot be brave without fear.”
May 24, 2023
This book changed my way of thinking forevermore about the Justice system. Gerry Spense has revealed to us HOW to reach the jury for a Justice filled outcome. I wish all attorneys where required to read this book! I have read it 3 times now. Highly recommend to anyone falsely accused. I have big respect for this Author. No wonder he is a member of the Trial Lawyer Hall of Fame! Thank you for this gift! 5 Stars!
March 3, 2020
This book took me a long time to finish as it was assigned for work and I was just more excited about reading other things. If you are a trial attorney, aspire to be one, or even want to be a better communicator in everyday life, this is a good read. It has a heavy focus on trial advocacy but Spence does a great job of tying this back to communicating outside of the courtroom.
Read
August 5, 2022Practical book with a message. Felt as an advise from a grandparent.
This book is very practical. It contains advice on how to excel in a case in a very easy manner. It also provides with advice in life in general. I enjoyed it very much , and will recommend it to young lawyers.
This book is very practical. It contains advice on how to excel in a case in a very easy manner. It also provides with advice in life in general. I enjoyed it very much , and will recommend it to young lawyers.
Displaying 1 - 30 of 38 reviews