With increased case dockets, case complexity and legal authority, judges are faced with distinct challenges in managing the litigation in their courtrooms. Attorneys are similarly faced with condensing months, if not years of case work into the most salient, concise and compelling issues, evidence, authority and arguments to shape a Judge's view of the case and their subsequent rulings. These rulings strongly influence the settlements, jury verdicts and ultimate outcome of your case through the appellate process.
This course incorporates educational and psychological principles and techniques to increase counsel's ability to effectively communicate their essential case story to the trier-of-fact. Additionally, hear from experienced judges, litigators and trial consultants about their preferences and strategies in obtaining the best possible listening from the Court. The faculty in this course will present principles and skills on how to organize case facts, legal authority and documents into a coherent, unified presentation, how to create mini-tutorials to create context and knowledge in the litigation area, how to identify a judge's decision preferences and the most effective persuasion techniques to give him or her the information needed to decide in your favor. This seminar will increase your powers of persuasion over others and help you identify and understand others' attempts to influence you.
- This course helps to identify a Judge's specific resistance points
- Learn how message design and sequencing of the law, evidence and arguments can make a Judge more receptive to your point of view
- Learn the key factors that affect attorney and case credibility as well as how the use of presentation media can guide judicial retention and impact of case issues
- Learn about psychological phenomena that leading litigators, psychologists and trial consultants incorporate into their own strategies
9:00 a.m. - 9:15 a.m.
9:15 a.m. -10:30 a.m.
II. Defining Judicial Communication
A. Judicial Decision-Making – The Current Environment
1. Legal, Political, Media And Societal Pressures
On Judicial Rulings
2. Time And Administrative Pressures And How That Affects Judicial Listening And Receptivity
B. Fundamental Principles Of Communication And Persuasion
1. Preparation And Communication Checklists
2. Individual Decision-Making – How Life Experience And Belief Structures Influence Attitude Formation
a. Overview To Human Perception, Bias And Decision-Making Processes
3. Education And Its Effect On How Arguments Are Weighed
10:30 a.m. - 10:45 a.m.
10:45 a.m. - 12:00 p.m.
III. Introduction To The Basic
Routes To Persuasion
A. Key Questions To Understanding Judicial Information Preferences:
Creating A Comprehensive Judicial Profile
B. Organizing Case Information Into Learning Modules
C. Directing Judicial Focus Toward Important Case Issues
D. Interactive Learning Tools To Increase Judicial Retention And Impact
E. Exercises In Courtroom Application
12:00 p.m. - 1:00 p.m.
Lunch (On Your Own)
1:00 p.m. - 2:30 p.m.
IV. Forum: Perspectives On
Courtroom Communication And
B. Oral Argument
C. Evidence And Exhibits
D. Damages And Fees
2:30 p.m. - 2:45 p.m.
2:45 p.m. - 4:00 p.m
V. Skill Session On Persuasion
A. Theme Building: Framing The Case Through Language Choice
B. Using Interpretation Of Opposing Arguments To Reinforce Your Case Themes
C. Cooperation And Consensus Building Techniques
D. Sequencing Of Arguments And Wording To Maximize Message Impact
1. Exercises In Sequencing
E. Nonverbal And Vocal Skills To Reinforce Key Case Arguments
F. Using Presentation Media And Technology To Emphasize Your Points
4:00 p.m. - 4:30 p.m.
VI. Summary Of Issues And