Every case you handle has the potential of going to trial. All pre-trial proceedings, including discovery, are conducted with the potential of a trial in mind. Accordingly, every trial lawyer needs to know as much as possible about trial tactics and trial practice.
The experienced faculty will help you improve your knowledge and skills with respect to:
- Getting The Most Value From Voir Dire And Jury Selection
- Learning How To Make An Opening Statement That Will Help You Win
- Making Direct Examination As Powerful As Possible
- How To Succeed In Cross Examination Of Lay Witnesses
- How To Get Your Expert Qualified And To Have Him Be Persuasive To The Jury
- How To Attack The Opposing Experts Foundationally And In Cross Examination
- Making Your Final Argument Persuasive And Effective
The format for the seminar will be informal and interactive, and the written materials will serve as excellent references.
9:00 a.m. - 9:45 a.m.
I. Voir Dire
A. Identifying The Bad Prospective Jurors
B. Using Juror's Answers To Help Persuade The Panel
C. Making The Panel Empathize With Your Theory Of Your Case
D. Acclimating Jurors To Your Legal Theory
E. Sensitizing The Jury Panel To Bad Facts
9:45 a.m. - 10:30 a.m.
II. Opening Statement
A. Organization Of An Effective Opening
B. Persuasion Without Argument
C. Articulating The Theme Of Your Case
D. Telling A Compelling Story
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 11:30 a.m.
III. Direct Examination Of Lay
A. Effective Organization Of Direct
B. Formulation Of Non-Leading Questions
C. Allowing Your Friendly Witness To Have Maximum Impact
D. Getting The Jury To Empathize With Your Side
E. Personalizing The Witness
11:30 a.m. - 12:15 p.m.
IV. Cross Examination Of Lay
A. How To Get The Hostile Witness To Agree With You
B. Questions You Should And Should Not Ask
C. Articulating Your Theory Of The Case Through Cross Examination
D. Finding Common Ground With A Hostile Witness
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:00 p.m.
V. Defense Of And Direct
Examination Of Experts
A. Defending Your Expert From Daubert/Robinson Challenges
B. Qualifying The Expert Before The Jury
C. How To Get The Most Persuasion From Your Expert
D. Preparation Of The Expert For Testifying
E. Personalizing Your Expert
2:00 p.m. - 2:45 p.m.
VI. Attacks On And Cross
Examination Of Experts
A. Winning The Daubert/Robinson Challenge
B. How To Cross Examine The Opposing Expert Effectively
C. Cross Examination Techniques For Experts
D. Challenging The Expert's Assumptions
E. Narrowing The Expert's Opinion
2:45 p.m. - 3:00 p.m.
3:00 p.m. - 3:45 p.m.
VII. Use Of Jury Consultants, Shadow
A. Mock Trials
B. Value Of Jury Consultants And Psychologists
C. Use Of Shadow Juries
D. Use Of Jury Consultants In Preparing Witnesses
E. Body Language And Other Non-Verbal Communication
3:45 p.m. - 4:30 p.m.
VIII. Final Argument
A. What Is Proper And Improper Final Argument?
B. Objections And Requests To Strike
C. Tactics For The Most Effective Final Argument
D. Curable vs. Incurable Argument
E. Using Argument To Influence The Deliberations
F. Arguing Court's Instructions To Help Your Cause