Litigation in Practice
by Curtis E. A. Karnow
Reviewed by Michael Stoler, Reference Assistant
The Honorable Curtis E.A. Karnow has been a judge on the San Francisco Superior Court since 2005, after 28 years as an assistant U.S. attorney, a clerk, and a lawyer in private practice. He has authored the Rutter Group Guide Civil Procedure Before Trial, for which all California litigators owe him a debt of gratitude, and has spoken here at the San Francisco Law Library. Litigation in Practice, published in 2017, is a compilation of articles he had previously published in law journals, with some additional material. He starts with the premise that “while judges remember what it is to practice law, most lawyers have little idea of what it is to be a judge.” So he wants to “bridge that gap,” and give guidance to attorneys from his judicial perspective.
The book is a mix of the practical and the theoretical. Having asserted in his introduction that “law is what happens in the courtroom,” he devotes his first chapter to rules for conduct before the bench. Be polite. Be prepared. Don’t waste the judge’s time or otherwise show disrespect. He discusses how to submit and argue motions, select and treat jurors, and present evidence.
The next chapter, on the use of statistics and probability, is fascinating and requires careful reading. Karnow cites examples of claims made in courts about the chances of some event occurring, and then dissects them to show why they don’t hold up mathematically. The next few chapters discuss legal epistemology, based on philosophy and logic: the one on settlement conferences refers to game theory, and one on legal analysis uses theories of categories to argue that really, any case has something in common with every other. The last chapter discusses legal education, how in this country it went from teaching practical skills to emphasizing academic, theoretical ones.
Karnow is a keen observer of the legal system. Attorneys will benefit from reading through this book. And litigators in general might find it will change their thinking about their profession and its processes, and hence, how they practice them.