
These 1-1/2 hour workshops are available as luncheon or late afternoon fare. They are appropriate for the entire firm, and involve one presenter (Trial Run faculty member) with as large an audience as you choose.
1) Expert Report Pitfalls: Drafting and Defending Experts' Reports — Trigon Traps, and Other Tragedies of Expert Life
What is the creation process for the report, what are the contents, how do you depose on one, how do you preserve and present the underlying materials, who can participate, what can go wrong, how can you use it for or against the expert at trial?
2) Visual Evidence: Creation, Foundation and Challenge to Visual Presentations at Trial
Examples of persuasive, unpersuasive and misleading visual exhibits; an examination of the concepts underlying effective visual presentations; the evidentiary principles that govern visual displays; what to watch for in your opponents' presentations.
3) Organizing Expert Direct Examination — A Structure That Aids in Persuasion
An examination of the fundamental structure of expert direct examination that permits the trier-of-fact to be comfortable in accepting the conclusions, even though the science may be complex and sophisticated; how to make the expert credible; getting the expert "out of her chair;" putting the expert in control of the audience and presentation.
4) Daubert, Joiner and Kumho Tire History and Application
Know more than your opponent about the rationale behind the Daubert Approach to assessing the reliability of expert methodologies; the multiple opportunities for challenge; questions at the deposition that reveal Daubert problems and weaknesses; simple cross-examination questions that may reveal serious Daubert failings; quantitative and qualitative analysis of data problems; and more.
5) Basic Impeachment and Cross-examination Techniques
For the attorney who is preparing for her first trial or is about to take or defend her first deposition, a primer in fundamental credibility challenges; how to depose to set up "prior inconsistent statements" to use for control; the classic impeachment formula; organizing cross-examination using a deposition; impeachment by omission using a deposition; experts and Fed. R. Evid. 803(18) on cross-examination.
6) Discarding Inefficient Discovery: Streamlining Discovery Using Rule 30(b)(6) and Discovery Depositions
Named-deponent depositions and Rule 30(b)(6) depositions of entities like corporations and partnerships can shortcut the delays caused by interrogatories, admissions and non-responsive answers to them; cut through the 30- and 60-day waits for written questions and answers, and get the right person across the table to answer you questions and your follow-up immediately; using the "bookend" technique of early and final 30(b)(6) depositions; the responder's burden and risks.
7) Jury Speeches; 10 Rules for Opening, Closing and Rebuttal: How to Win your Case on Opening
Demonstrating how opening "statement" can be factual and persuasive; how to use demonstrative aids and exhibits in jury speeches: For closing "argument"; how to craft your rebuttal argument
8) Managing the Life of the Company Case
How to make decisions for the important trial of your career; considerations in assembling the right trial team; Why, where and how communication with your client is critical; Be careful what you delegate; Depositions you must attend, Fostering productive relationships with inside counsel
9) What to Do When They Notice the Deposition of the CEO
Start with getting her attention; Dealing with the CEO'S gatekeeper; Preparing the CEO; What materials should you give the CEO; Deposition Day; What to do when your CEO is being deposed
10) The Last 90 Days Before Trial
Preparing the trial notebook; Finalizing Opening and Closing; Expert Preparation: The 14 most important exhibits: Deciding who's your first witness and how to prepare them; Deposition designations; Motions in limine; Getting your demonstrative aids in final form; Preparing your team and the courtroom
11) Gender and Persuasive Techniques
Finding the Speech, Posture, and Presentation Styles that Persuade for the courtroom or the boardroom; Ways to improve speech, organization, word choices, language, attitude, intent and confidence; Understanding where and how gender affects communication.
12) Gender Issues in Questioning
How to ensure that your direct examination is an interesting conversation between a credible lawyer and a convincing witness; Understanding form of the question, organization, pacing, voice, visual aids and style. Identify the obstacles and strategies to establishing rapport between the fact finder, the lawyer and the witness; Choosing the right tone on Cross by understanding the implications of different styles; Know when your gender does and doesn't matter?
13) Problem Spotting/Developing Strategies to Correct Recurring Situations
By targeting real life situations such as preparation of the dismissive witness, depositions with obstreperous opposing counsel, exchanges with condescending judges, and negotiations with dominating or patronizing opponents we assess when and how we conform our presentations to given culturally dictated gender models or roles and we assess the effectiveness of those responses. We explore alternative problem solving models with an eye to expanding our range of responses and strategies.
14) Gender and Speeches: Opening and Closings That Resonate and Reverberate
What is the role of emotion in the courtroom? How to craft a narrative that makes sense, clearly relates the facts, introduces the witnesses who present them, and assists the attorney in finding his or her most persuasive style; Understanding the use of emotion, images, rhetoric, detail and organization to craft a speech that keeps the jurors' attention and connects them to your case.
15) From Objection to Objectionable: Interactive Evidence Training
Learn evidence by making the objections and laying the foundations yourself. This interactive exercise provides a question and answer format where you figure out the rules and make the objections as a basis for your learning. We use drills for explaining foundations, hearsay and exceptions and discuss the strategic and technical implications of objections. Gain a sound basis in evidence.
16) Interviewing and Active Listening
Information is our currency, yet we often question without really hearing the answers; How we miss important factual and emotional content or cultural and gender codes that are important to understanding the witness or client. Through lecture, interactive exercises and media clips we reclaim our active listening skills and become more informed about the emotional, cultural and factual nuances of our case.
17) Mediation Advocacy
A practical guide for the lawyer who has limited experience with mediation. Topics include: what is mediation; common misconceptions about mediation; preparing for mediation; why mediation is not a trial; advocacy in the mediation room.
18) Alternative Dispute Resolution—Is It right for Your Case?
The range of ADR choices from negotiation to mediation or arbitration; how to assess the client’s goals; making the right choice as to which ADR process is most likely to satisfy the client’s goals and overcome settlement impediments; advising the client whether to accept ADR.
19) The Vanishing Jury Trial: Fashion Your Discovery Toward Settlement
What happened to the jury trial? 90% of all cases are settled without trial. How to shape your case with that in mind; critical discovery to position a favorable settlement; early liability and damage assessment; how your experts can help.
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