Books by Gary L Stuart

1. “The Ethical Trial Lawyer” Arizona State Bar Association; 1994 ISBN # 0-88726-028-4 (cloth)

2. “Ethical Litigation” Lexis-Nexis Publishing Company, 1998; (Online Publication)

3. “The Gallup 14” University of New Mexico Press, 2000; ISBN # 0-8263-2133-X (cloth alk paper)

4. “Miranda—The Story of America’s Right to Remain Silent” University of Arizona Press, 2004; ISBN # 0-8165-2313-4 (cloth alk paper)

5. “AIM For The Mayor—Echoes From Wounded Knee” Xlibris Publishing Company, 2008; ISBN # 978-1-4363-5095-2 (cloth)

6. “Innocent Until Interrogated—The Story of the Buddhist Temple Massacre” University of Arizona Press, 2010; ISBN # 978-0-8165-2924-7 (cloth)

7. “Angus—Riding the Rio Chama” CreateSpace, An Amazon Publishing Imprint, 2012 ISBN # 13-978-1484893067

8. “Ten Shoes Up” Gleason & Wall Publishing, Phoenix Arizona, 2015; ISBN # 978-0-9863441-0-7

9. “The Valles Caldera” Gleason & Wall Publishing, Phoenix, Arizona; 2015; ISBN# 978-0-9863441-2-1

10. “Anatomy of a Confession—The Debra Milke Case” ABA Publishing, Chicago Il. 2016; ISBN # 978-1-6345273-7

Publications by Gary L. Stuart

The following articles, book chapters, monographs, newsletters, and memoranda were created by Gary L. Stuart. They constitute my opinions and views regarding topical issues in legal ethics, legal malpractice and professional responsibility. They are made available solely for general informational purposes and should not be relied on for the purpose of resolving specific ethical or legal disputes.

Henry Ashurst Opening Statement

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: Whatever Happened To The Law?

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: Truth versus Fiction

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

Legal Essay: “Truthful Questions” aka “A New Oath of Lawyering”

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: “An Argumentative Profession—An Oxymoron?”

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: The Attorney-Client Privilege

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: Fees & Costs In the Computer Age

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: American Board of Trial Lawyers—Witness Preparation

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 Presentation: CLE International--Conflicts of Interest

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: MCBA—Defending A High Dollar Damages Case

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

Conference Presentation: to Arizona Judicial Conference, Tucson AZ

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: Arizona Attorney General’s Office—Miranda v. Arizona

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: Arizona State Bar Association--Creative and Ethical Legal Writing

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: How To Deal With Difficult People

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

Memoir: Transmutation From Law School To Law Practice

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

Published Article: “Rambo In Ruins”

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

Published Article: “Email And Ethical Rule 1.6”

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

Lectures: ASU and UofA Colleges of Law—Direct and Cross Examination

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

Lectures: ASU and UofA Colleges of Law—Opening Statements and Closing Arguments

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

Lectures: Arizona Trial College—The Ethics of Trial Advocacy

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: CLE West One-Day Seminar—Creative Writing For Lawyers

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: Tongue-In-Cheek Essay-Written Years Ago—How To Train Your Lawyer

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: ASU Law School—Appellate Advocacy

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: ASU Law School: Pre-trial Practice

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: ASU Law School: Professional Responsibility & Ethics

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: ASU Law School: Creative Legal Writing

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

Book: The Ethical Trial Lawyer

Book: “The Ethical Trial Lawyer” State Bar of Arizona, (1994).   “Ethics” is a word whose derivation gives meaning to its importance in what trial lawyers do and how they are viewed by society. Litigation has become a recognized “right” of civil society. It exerts a powerful and, in some respects, dominating influence. Read this publication

Book: The Gallup 14

Book: “The Gallup 14” The University of New Mexico Press (2000). No lawyer worth his salt should write anything without making sure the reader knows the difference between the fact and the fiction of the writing. So here’s the difference: This is, essentially, a true legal story. It is also a fictional story embedded in a true one. Read this publication

Book: Miranda—The Story of America’s Right to Remain Silent

Book: “Miranda—The Story of America’s Right to Remain Silent” University of Arizona Press (2004). Whether innate or acquired early in life, the desire to confess—to take responsibility for a perceived misdeed—is no doubt a deep-seated impulse in us all; perhaps we want, as Sartre suggests, to return the world to a “harmony of minds,” an agreement on the principles that bind us to the society in which we live. Read this publication

Book: AIM For The Mayor—Echoes of Wounded Knee

Book: “AIM For The Mayor—Echoes From Wounded Knee” Xlibris Press, (2008).   On February 27, 1973, the American Indian Movement seized Wounded Knee, a tiny village on the Pine Ridge Indian Reservation in South Dakota, and held it against the will of local, state, and federal forces for seventy-one days. Two days later, March 1, 1973, two young Navajo men seized the mayor of Gallup, New Mexico, marched him through downtown Gallup at gunpoint, and held him against the will of local and state forces for several hours. That much is literally true. That said, this is a novel, not a narrative history. Read this publication

Book: Innocent Until Interrogated

Book: “Innocent Until Interrogated—The Story of The Buddhist Temple Massacre.” University of Arizona Press, (2010). Decreased reliance on coercive custodial interrogation would return the high ground to hard-working police officers in the fight against real crime while allowing prosecutors to focus on real criminals. Judges would no longer have to cringe when hearing coercive confessions read aloud in open court. This book ought to remind us that coercive custodial interrogation too often snares the innocent and allows the guilty to go free. Read this publication

Book: Anatomy of A Confession

Book: “Anatomy of A Confession—The Debra Milke Case,” ABA Publishing Company—2016. This 500+ page book is the legal saga of Debra Milke. She was convicted of murdering her four-year old son in 1990, for which she became the first women to get the death penalty in Arizona in fifty years and the only woman on death row until well into the 21st Century. She was exonerated in 2014. Read this publication